J & J Bone Pty Ltd & Ors v Quick Sign Shops (Australia) Pty Ltd & Ors Biscen Pty Ltd & Ors v Temsign Pty Ltd & Ors [1996] FCA 522

LIMITED DISTRIBUTION CATCHWORDS PRACTICE AND PROCEDURE - Mareva injunction - no point of principle involved. 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 5 JANUARY 1996

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WAG 77 of 1995 GENERAL DIVISION ) BETWEEN : J & J BONE PTY LTD (ACN 067 501 633) First Applicant JOHN FRANKLYN BONE and JANE KATE BONE Second Applicants AND: QUICK SIGN SHOPS (AUSTRALIA) PTY LTD (ACN 059 983 185) First Respondent LISA JANE BAILEY and SARA ANNE BAILEY Second Respondents HANS KROONENBERG Third Respondent No. WAG 102 of 1995 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 LISA JANE BAILEY Second Respondent SARAH ANNE BAILEY Third Respondent RODINGA PTY LTD (ACN 009 040 788) TRADING AS KROONENBURG MUMFORD & ASSOCIATES Fourth Respondent JOHANNES JACOABUS KROONENBURG Fifth Respondent APPLICANTS' NOTICE OF MOTION FILED 13 DECEMBER 1995 ORDERS

JUDGE MAKING ORDER: CARR J. DATE: 5 JANUARY 1996 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The first, second and third respondents be restrained and an injunction is hereby granted restraining them whether by themselves or by their servants or agents from disbursing the funds held in bank account No. 260237709 at the Australia and New Zealand Banking Group Limited's branch at 940 Hay Street, Perth until further order. 2. The orders made on 13 October 1995 be further varied as follows: (a) In paragraph 1(a)(i) delete the reference to Certificate of Title Volume 1627 Folio 026; (b) Delete paragraph 1(c) and insert in lieu thereof: "(c) the second and third respondents be permitted to mortgage, charge or sell or cause to be sold the Land subject to the following conditions: (i) that they give to the applicants written notice at least 21 days before the proposed settlement of such transaction particularising the nature of the transaction, the amount which it is anticipated will become available to the second and third respondents as a consequence of such settlement and the manner in which it is proposed that such amount shall be disbursed; (ii) in the event that the applicants in applications Nos. WAG 77 and WAG 102 of 1995 and the first and second and third respondents are able to agree upon the disbursement of the above amount an appropriate consent order shall be filed; (iii) in the event that the abovementioned parties are unable to agree upon disbursement of the above amount then all monies to which the second and third respondents would otherwise be entitled at settlement shall forthwith be paid into the Australia and New Zealand Banking Group Limited account referred to in paragraph 1 of the orders made on 5 January 1996 and not withdrawn until further order."