L.E.D. Builders Pty Ltd v Eagle Homes Pty Ltd [1997] FCA 826

FEDERAL COURT OF AUSTRALIA Practice and procedure - Mareva injunction - the jurisdiction of the Federal Court to grant Mareva relief - the grant of Mareva relief to prevent the abuse or frustration of the Court's process - whether Mareva relief is available against third parties - whether the respondent in an application for a Mareva injunction must hold a specific proprietary interest in the third party's assets - Mareva relief and proprietary remedies - whether a Mareva injunction can enjoin a party against whom there is no pre-existing cause of action in respect of which the party is subject to the Court's jurisdiction - findings of fact that the third parties had embarked upon a scheme aimed at frustrating the Court's process - divesture of assets by a debtor to its controlling shareholders - divesture of assets by a debtor to a related company - risk of dissipation of assets. Practice and procedure - considerations relevant to an appellate court's decision to grant leave to appeal - leave to appeal when the application for leave involves questions of practice and procedure. Federal Court of Australia Act 1976 - s 23 Corporations Law - Div 2 of Part 5.7B Conveyancing Act 1919 (NSW) - s 37A Federal Court Rules - O 6 r 8(1) Aiglon Ltd v Gau Shan Co Ltd [1993] 1 Lloyd's Rep 164 - cited Ballabil Holdings Pty Ltd v Hospital Products Ltd (1985) 1 NSWLR 155 - cited Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd [1993] AC 334 - considered Coxton Pty Ltd v Milne, NSW Court of Appeal, 20 December 1985, unreported - cited CSR Ltd v Cigna Insurance Australia Ltd, High Court of Australia, 5 August 1997, unreported - applied Galaxia Maritime S.A. v. Mineralimportexport [1982] 1 WLR 539 -considered Jackson v Sterling Industries Ltd (1987) 162 CLR 612 - applied Mercantile Group (Europe) A.G. v Aiyela [1994] QB 366 - cited Mercedes Benz A.G. v Leiduck [1996] 1 AC 284 - applied Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 - cited Searose v Seatrain [1981] 1 WLR 894 - considered Siskina (Owners of cargo lately laden on board) v Distos Compania Naviera S.A. ("The Siskina") [1979] AC 210 - considered Tomlinson v Cut Price Deli Pty Ltd, Kiefel J, 23 June 1995, unreported - applied