Eltran Pty Ltd & Ors v Westpac Banking Corporation & Ors [1987] FCA 146

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IN THE FEDERAL COURT OF AUSTRALIA

Not for Distribution

QUEENSLAND DISTRICT REGISTRY

QLD. G141 of 1986

GENERAL DIVISION

BETWEEN : ELTRAN PTY. LIMITED

AND:

AND:

AND:

AND:

AND:

AND:

AND:

AND:

First Applicant

PREMAYDENA PTY. LTD.

Second Applicant

CRESWELL PLACE PTY. LTD.

Third Applicant

ADAM'S ROW PTY. LTD.

Fourth Applicant

CARTER LANE PTY. LTD.

Fifth Applicant

BERNARD STREET PTY. LTD.

Sixth Applicant

ORACA PTY. LTD.

Seventh Applicant

BINON PTY. LTD.

Eighth Applicant

TREVOR RONALD KING

Ninth Applicant

WESTPAC BANKING CORPORATION

First Respondent

JOHN GEOFFREY ALLPASS and ALAN

RAPHAEL TUTTLE

JUDGE MAKING

WHERE MADE: DATE:

ORDER :

Second Respondents

MINUTES OF ORDER

SPENDER J. BRISBANE

24 MARCH 1987.

THE COURT ORDERS THAT:

1. That leave be given to the first respondent to issue proceedings in the Supreme Court of Queensland against the first to ninth applicants herein claiming the sum of CHF 15,054,794.91 and JPY 173,885,173 in respect of debt and interest thereon from 31 October 1986 to the date of judgment at the rate claimed ain the writ, on the undertaking of the first respondent that until trial or further earlier order, to:

(a) proceed with a summary judgment application in the Supreme Court of Queensland against the first to ninth applicants for the said sums and to execute on any judgment obtained on such application to the extent only of the sum being the difference at the date of judgment between the amount claimed by the first respondent in the Supreme Court proceedings and the amount sought to he set off by the first to ninth applicants in these proceedings; and

(b) apply to the Supreme Court of Queensland for a mareva injunction against the assets of the ninth applicant herein.

nN

The relief sought in paragraphs 2 and 3 of the Notice of Motion filed 9 March 1987 be adjourned.

3. Liberty to apply on three days' notice.