Australian Competition & Consumer Commission v Giraffe World Pty Ltd [1999] FCA 1476

FEDERAL COURT OF AUSTRALIA

ACCC v Giraffe World Pty Ltd [1999] FCA 1476

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GIRAFFE WORLD AUSTRALIA PTY LTD [ACN 078 012 521] (in Liquidation) & ORS

NG 421 of 1998

MOORE J 23 SEPTEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 421 OF 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: GIRAFFE WORLD PTY LTD [ACN 078 012 521]

(in Liquidation)

Respondent

AKIHIKO MISUMA

Second Respondent

ROBIN HAN

Third Respondent

MARK SCOTTE

Fourth Respondent

LUCILLE ORR

Sixth Respondent

JUDGE: MOORE J

DATE OF ORDER: 23 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Upon the Applicant by its Counsel giving the usual undertaking as to damages the Second and Third Respondents and Yukari Misuma within fourteen days of the giving to them or any of them of notice of this Order deliver or cause to be delivered to the Applicant care of the Australian Government Solicitor, Level 23, 133 Castlereagh Street, Sydney, a full affidavit sworn by them setting out:- (a) the name and address of any bank, building society or other financial institution at which there is an account in the name or under the control, of the Second and Third Respondents or Yukari Misuma, or any of them, together with the number of such account and the balance therein at the date of service of notice of the Order upon them or either of them; (b) the name and address of any person or persons indebted to the Second and Third Respondents and Yukari Misuma or any of them, at the date of service of notice of this Order upon them or any of them, and the amount of the debt or debts owed by such person or persons; (c) an itemised inventory of any business assets owned by the Second and Third Respondents and Yukari Misuma, or any of them; (d) an itemised inventory of any other property, whether real or personal, owned by the Second and Third Respondents and Yukari Misuma or any of them, or in respect of which the Second and Third Respondents and Yukari Misuma or any of them have or has an interest; (e) in respect of any of the property referred to above, whether it has been given as security for any debt, and, if so, the nature of the security and the debt so secured. The Court grants leave to the Applicant to give any bank, building society or other financial institution with which the Second and Third Respondents and Yukari Misuma or any of them conduct, or conducts any account or accounts, notice of this Order. 2. Service of these orders may be effected on Akihiko Misuma and Yukari Misuma by delivery to Blessington Judd, Solicitors, Level 22, 133 Castlereagh Street, Sydney. 3. Upon the Applicant by its Counsel giving the usual undertaking as the damages Order 12 made on 2 September 1999 continue until and including 12 November 1999, or until further order. 4. The parties, including Yukari Misuma, have liberty to apply generally on 24 hours notice. 5. The matter be listed for further directions at 9.30am on 12 November 1999 Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.