Federal Court of Australia
CATCHWORDS PRACTICE & PROCEDURE - Mareva injunction - individual respondents' properties placed on market after proceedings threatened - corporate respondent's name changed and new company incorporated under former name at time when proceedings issued - only partial explanation from respondents - respondents' franchising business running at a loss - respondents proposing to use proceeds of property sales to fund expansion of business to Queensland - business not previously conducted outside Western Australia - incomplete particulars furnished concerning respondents' trading structure and financial position - prima facie cause of action conceded for purposes of motion - real risk that respondents' assets will be dealt with in a manner which would result in any judgment not being satisfied - conditional relief granted. Mareva Compania Naviera v. International Bulk Carriers SA [1975] 2 Lloyd's Rep 509 Rahman (Prince Abdhul) v. Abu-Taha [1980] 1 WLR 126 Bekhor Ltd v. Bilton [1981] 1 QB 923 Riley McKay Pty Ltd v. McKay [1982] 1 NSWLR 264 PCW Ltd v. Dixon [1983] 2 All E.R. 158 Jackson v. Sterling Industries Ltd (1987) 162 CLR 612 Patterson v. B.T.R. Engineering (Aust) Ltd (1989) 18 NSWR 319 Yenald Nominees Pty Ltd v. Maurice Lyford & Ors (unreported, Federal Court Judgment No. 374/1994, 10 June 1994) Tomlinson & Ors v. Cut Price Deli Pty Ltd & Ors (unreported, Federal Court Judgment No. 425/1995, 23 June 1995) BISCEN PTY LTD & ORS v. TEMSIGN PTY LTD & ORS No. WAG 102 of 1995 CARR J. PERTH 10 OCTOBER 1995
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WAG 102 of 1995 GENERAL DIVISION ) B E T W E E N : BISCEN PTY LTD (ACN 060 843 245) First Applicant and IAN STUART HUNGERFORD AND DARELLE CHRISTINE HUNGERFORD Second Applicants and CLAIRE MICHELLE DARCY AND GRAHAM JAMES DARCY AS TRUSTEES FOR THE C.M. DARCY TRUST Third Applicants and CLAIRE MICHELLE DARCY AND GRAHAM JAMES DARCY Fourth Applicants and DARREL WAYNE DONOVAN AND PATRICIA ANNE DONOVAN Fifth Applicants and MILLDON HOLDINGS PTY LTD (ACN 066 779 726) Sixth Applicant and PAUL DAVID COCHRANE Seventh Applicant
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