The Mount Lyell Mining & Railway Company Ltd v. Roxon Company Oy & Anor [1994] FCA 848

JUDGMENT No. ome

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IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NG 503 of 1994 GENERAL DIVISION

BETWEEN:

THE MOUNT LYELL MINING & RAILWAY COMPANY LIMITED

Applicant

AND:

ROXON COMPANIES OY First Respondent AND:

SELECT ENGINEERING SERVICES PTY LIMITED

Second Respondent

CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 11 NOVEMBER 1994 16 NOY 1994 FEDERAL COURT OF AUSTRALIA ie E F_ ORDER PaINciPaL T H 1. Leave be granted to the applicant, pursuant to Order 8 rule

2 of the Federal Court Rules, to serve the application and amended statement of claim on the first respondent outside

the Commonwealth of Australia and in Finland.

2. The affidavit of John Francis Cromwell Carr-Gregg sworn 10 November 1994 be served upon the first respondent at or about the suse time as service of the application and amended statement of claim is effected.

3. The first respondent, by itself, its servants and agents, be restrained up to 5 pm on 23 November 1994 from selling or disposing of, charging or otherwise encumbering or

dealing with, the shares held by it in the issued capital of Roxon Pty Limited.

The first respondent, by itself, its servants and agents be restrained up to 5 pm on 23 November 1994 from doing or causing to be done, otherwise than in the ordinary course of business, any act calculated to have the effect of substantially diminishing the value of the shares held by it in Roxon Pty Limited.

The motion be stood over until 9.30 am on 23 November 1994.

The parties have liberty to apply before Justice Sackville on 48 hours notice.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NG 503 of 1994 GENERAL DIVISION

BETWEEN:

THE MOUNT LYELL MINING & RAILWAY COMPANY LIMITED