Federal Court of Australia
T_FO s ON
N_THE FEDERAL COURT OF AUS LIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. NSW G.211 of 1985
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BETWEEN: COLLINS MARRICKVILLE PTY LIMITED
Applicant
AND: HENJO INVESTMENTS PTY LIMITED
First Respondent
SELES, HENRY _SAADE a an Second Respondent at NORMAN PETER GEORGE ~~ "198 Third Respondent es SAADE DEVELOPMENTS PTY LIMITED . Fourth Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 29 APRIL 1987
MINUTES ORDER
Upon the applicant giving to the Court the usual undertaking as to damages, THE COURT ORDERS THAT:
Note:
Pending further order, the first, second and fourth respondents and each of them be restrained from taking any action to recover any payments due under, or otherwise to enforce the rights granted by, a mortgage dated 1] May 1985 from the applicant to the first respondent, a copy of which is annexure A to
the affidavit of Ian Francis Dwyer dated 16 April 1987.
Liberty to apply be granted to any party in respect
of the said order on 48 hours' notice.
The costs of the notice of motion heard today is
reserved.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.211 of 1985
GENERAL DIVISION
BETWEEN: COLLINS MARRICKVILLE PTY
LIMITED
Applicant
AND: HENJO INVESTMENTS PTY LIMITED
First Respondent HENRY SAADE
Second Respondent NORMAN PETER GEORGE
Third Respondent
SAADE DEVELOPMENTS PTY LIMITED
Fourth Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 29 APRIL 1987
EXTEMPORE REASONS FOR JUDGMENT
I am of the opinion that the Court should intervene to prevent enforcement action on the mortgage dated 1 May 1985, which is annexed to the affidavit of Mr Dwyer sworn on 16 April 1987. I have already found as against the first respondent, Henjo Investments Pty Limited, and the second respondent, Henry Saade, that a case has been made out; of conduct within s.52 of the Trade Practices Act 1974 in the case of the first respondent and, in the case of the second
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