LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1213

FEDERAL COURT OF AUSTRALIA

LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1213 CONTEMPT OF COURT – order that respondent not dispose of any asset having value exceeding $10,000 without first giving applicant seven days' notice of its intention to do so – later order restraining respondent from disposing of or dealing with any of its money, property or other assets, other than for certain specified purposes – whether later order inconsistent with, and supersedes, earlier one – respondent disposed of two allotments of land, each having a value exceeding $10,000, without giving notice in conformity with earlier order – not suggested that proceeds disbursed in manner inconsistent with later order – elements of aiding and abetting contempt – costs on contempt motion.

Federal Court Rules O 37 r 2

Seaward v Paterson [1897] 1 Ch 545 followed Attorney-General v Newspaper Publishing Plc [1988] Ch 333 followed Yorke v Lucas (1985) 158 CLR 661 applied Re Modern Woodcraft Pty Ltd (In liq) (1997) 75 FCR 245 considered Microsoft Corporation v Marks (No 1) (1996) 69 FCR 117 cited Witham v Holloway (1995) 183 CLR 525 applied Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 cited Forestview Nominees Pty Ltd v Perron Investments Pty Ltd (1999) 162 ALR 482 followed McIntyre v Perkes (1988) 15 NSWLR 417 referred to Giorgianni v The Queen (1985) 156 CLR 473 applied LED BUILDERS PTY LIMITED v EAGLE HOMES PTY LIMITED NG 817 of 1993 NG 862 of 1994 LINDGREN J 3 SEPTEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 817 OF 1993

NG 862 OF 1994

BETWEEN: LED BUILDERS PTY LIMITED (ACN 002 351 957)

Applicant

AND: EAGLE HOMES PTY LIMITED (ACN 002 800 115)

Respondent