Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perdon Pty Ltd v Law Coast Mortgages Pty Ltd [1999] FCA 478
PERDON PTY LTD v LAW COAST MORTGAGES PTY LTD, KIM CHRISTIE, ALAN CHARLES PARRY, IAN CHARLES GRIFFITHS, CHRISTINE MATSINGER, MALCOLM DONALD McCOLM Q 1 OF 1999 COOPER J BRISBANE 12 APRIL 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q1 OF 1999
BETWEEN: PERDON PTY LTD
Applicant
AND: LAW COAST MORTGAGES PTY LTD, KIM CHRISTIE, ALAN CHARLES PARRY, IAN CHARLES GRIFFITHS, CHRISTINE MATSINGER, MALCOLM DONALD McCOLM
Respondents
JUDGE: COOPER J
DATE OF ORDER: 12 APRIL 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: Upon the applicants to the notice of motion giving the usual undertakings as to damages : 1. The applicant, Perdon Pty Ltd, by itself, its directors, its servants and agents and its authorised agent in these proceedings Gregory Eric Rogers and everyone of them be restrained and an injunction be granted restraining the Applicant, Perdon Pty Ltd, by itself, its directors, its servants and agents and its authorised agent in these proceedings Gregory Eric Rogers and everyone of them from publishing the words appearing in the document titled "The Default Business. A report on White Collar Fraud Conceived and Operated by Solicitors Law Mortgages Australia Griffiths McColm & Parry Law Coast Mortgages P/L Law Mortgage Management P/L" a copy of which is exhibit "KC1" to the affidavit of Kim Christie, or publishing words to the effect that Law Mortgages Australia, Griffiths McColm & Parry or any of its partners or staff, Law Coast Mortgages Pty Ltd or Law Mortgage Management Pty Ltd have engaged in criminal, illegal or unethical behaviour in relation to the provision of mortgage loans until 4.00 pm on 21 April 1999 or until further earlier order. 2. The applicant, Perdon Pty Ltd, within four hours of service of this order upon it provide to the respondents a list of all persons other than the court staff to whom the applicant by itself or its authorised agent Gregory Eric Rogers, its directors, servants or agents had published the document titled "The Default Business. A report on White Collar Fraud Conceived and Operated by Solicitors Law Mortgages Australia Griffiths McColm & Parry Law Coast Mortgages P/L Law Mortgage Management P/L" whether the said document was so published as an annexure to the affidavit of the said Gregory Eric Rogers filed or otherwise. 3. The affidavit of Gregory Eric Rogers filed 12 April 1999 exhibiting the document styled "The Default Business. A report on White Collar Fraud Conceived and Operated by Solicitors Law Mortgages Australia Griffiths McColm & Parry Law Coast Mortgages P/L Law Mortgage Management P/L" be placed in an envelope and sealed and marked "Not to be opened without the prior order of the court or a Judge of it." 4. The costs of and incidental to this application be reserved. 5. Law Mortgages Management Pty Ltd, Peter Charles Drake, Mitchell Patrick Dwyer and Law Mortgages Australia (a firm) be granted leave to intervene as applicants on the within notice of motion. 6. Each party to the notice of motion have liberty to apply on one clear days' notice. 7. The notice of motion be adjourned to 10.15 am on 21 April 1999 for further hearing before Spender J. 8. Service of this order be effected by sending a copy of the order to the respondent to the notice of motion by fax to (07) 3267 1992. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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