Janus, W. & Ors v A.G.C. (Advances) Ltd & Anor [1987] FCA 399

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G96 of 1987 GENERAL DIVISTON )

BETWEEN: WALTER CORNEILLE CLEMENTMARIE JANUS

First Applicant

AND: WINJAN PASTORAL COMPANY PTY. LTD. Second Applicant

AND: TWEED CANAL ESTATES PTY. LID. i

Third Applicant

AND: WINGARA ENTERPRISES PITY. LTD.

Fourth Applicant

AND: A.G.C. (ADVANCES) LIMITED

First Respondent

AND: MACDONALD WAGNER PTY. LTD.

Second Respondent '.

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 3 JULY 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

Ll. On undertakings being given as hereinafter mentioned, the order made by the Honourable Mr. Justice Spender on the 26th day of June 1987 be varied by deleting order

number 2 and replacing it by the following:

"That the injunction so granted continue until further order." uo

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The undertakings mentioned are as follows:

(1) That within six weeks of the 26th day of June 1987 the sum of $300,000 be lodged in the Federal Court of Australia, Brisbane registry, or security to that amount be provided to the satisfaction of the

Registrar.

(2) That the applicants will use their best endeavours to obtain without delay a transfer of the land described as lot 508 on deposited plan 251298 contained in New South Wales certificate of title volume 13054, folio 35, and that the third applicant will give to the first respondent such security in relation to its anterest in the said land as may reasonably be required by the first

respondent.

(3) The applicants will further cause the third applicant toa give the first respondent, whether or not such a transfer as hereinbefore mentioned is obtained, such security as the first respondent may reasonably require in respect of the third applicant's interests in the benefit of the terms of settlement of Action no. 4403 of 1979 in the Equity Division in the Supreme Court of New South Wales, being exhibit ""D" to the affidavit of the first applicant filed herein on 2 July 1987.