Jet Corporation of Australia Pty Ltd v. Petres Pty Ltd & Ors [1988] FCA 102

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JUDGMENT Wo. IS BS

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DiSTRICT REGISTRY Vv. No. G 109 of 1983

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GENERAL D1LVCSION

BETWEEN :

JET CORPORATION OF AUSTRALIA PIr¥Y. LIMITED (in 165 capacity as trustee of the Jat Corporation of Australia Trust) Applicant

and PETRES PTY. LIMITED {in its own capacity and in its capacity

as bLrustee of the Schutt Unit Trust) and OTHERS Respondents

COURT: NORTHROP J.

DATE : 29 FEBRUARY 1988

PLACE: MELBOURNE

THE COURT ORDERS THAT: -

i. The documents produced to the Court in this matter pursuant ta subpoena hy:-

(a) Messrs. Cornwall Stodart & Co., Solicitors;

(b) Messrs. Simon, Gadgett, Collingwood & Coc., Stock Hrokers; and

(c) Messrs. Arthur Andersen & Co., Accountants,

be released into the custody of Mr. Roger Franich, Magistrate, presiding in the current preliminary hearing in the Melbourne Magistrates' Court of charges against Barry John Collier, Kelvin John Dyer, Andrew Sheppard Grimwade, Trevor Burton Huttley, and Jon Dean Wilson and to be returned to this Couct at the completion of the cfaiminal proceedings against those persons or until further order.

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Upon Messrs. Touche Ross & co. by 1s counsel undertaking that if the documents presently in the custody of the Federal Court of Australia in action V. No. G 109 of 1983, pursuant to paragraphs (a) and (b) of the schedul@ to the subpoena dated 2 June 1983, are returned to its custody, it will keep the said documents in safekeeping, that it will not tamper with, nor deface nor alter nor destroy the same, that 1¢ will forthwith return the saad documents to the Federal Court of Australia upon a Judge of the said Court requesting i1t to do so and that otherwise the documents will he retained by it and dealt with according to due and

proper legal process and according to law, the Court