Federal Court of Australia
LIMITED DISTRIBUTION CATCHWORDS PRACTICE AND PROCEDURE - Mareva injunction - application to vary or set aside Mareva injunction - discovery of documents revealing cash sales undisclosed by applicants - applicants' business turnover referred to in affidavits filed when Mareva injunction obtained - respondents had conceded, on basis of figures presented by applicants that there was a serious question to be tried - breach of applicants' duties - duty on party bringing an ex parte application for interlocutory relief - obligation on applicants' part to disclose cash sales - whether an obligation on applicants to correct false impression when matter before Court on a defended basis - whether new information might reasonably have been expected to affect the outcome of the application for the interlocutory injunction to continue. PRACTICE AND PROCEDURE - Mareva injunction - variation or discharge - material non-disclosure - extent to which applicants defaulted - balancing the requirements of justice to the parties pending trial. PRACTICE AND PROCEDURE - application for order enabling diversion of telephone numbers - whether damages adequate remedy. Brink's Mat Ltd v. Elcombe & Ors (1988) 1 WLR 1350 J & J BONE PTY LTD & ORS v. QUICK SIGN SHOPS (AUSTRALIA) PTY LTD & ORS No. WAG 77 of 1995 BISCEN PTY LTD & ORS v. TEMSIGN PTY LTD & ORS No. WAG 102 of 1995 CARR J. PERTH 15 MARCH 1996
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WAG 102 of 1995 GENERAL DIVISION ) BETWEEN: BISCEN PTY LTD (ACN 060 843 245) First Applicant IAN STUART HUNGERFORD and DARELLE CHRISTINE HUNGERFORD Second Applicants CLAIRE MICHELLE DARCY and GRAHAM JAMES DARCY AS TRUSTEES FOR THE C.M. DARCY TRUST Third Applicants CLAIRE MICHELLE DARCY and GRAHAM JAMES DARCY Fourth Applicants DARREL WAYNE DONOVAN and PATRICIA ANNE DONOVAN Fifth Applicants MILLDON HOLDINGS PTY LTD (ACN 066 779 726) Sixth Applicant PAUL DAVID COCHRANE Seventh Applicant AND: TEMSIGN PTY LTD (ACN 059 983 185) AS TRUSTEE FOR THE QUICK SIGN SHOPS (AUSTRALIA) UNIT TRUST First Respondent
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