Australian Competition & Consumer Commission v Top Snack Foods Pty Ltd [1999] FCA 1830

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Top Snack Foods Pty Ltd [1999] FCA 1830 PRACTICE AND PROCEDURE – terms of Mareva injunction – specific trust assets not identifiable

Australian Competition Consumer Commission v Collings Construction Co Pty Limited (Supreme Court of New South Wales, 2 July 1997, unreported) discussed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v

TOP SNACK FOODS AND ORS NG 782 OF 1996 TAMBERLIN J SYDNEY 15 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 782 OF 1996

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: TOP SNACK FOODS PTY LTD

(ACN 064 180 801)

FIRST RESPONDENT

GEORGE MANERA

SECOND RESPONDENT

NICHOLAS KRITHARAS

THIRD RESPONDENT

SELINA MANERA

FOURTH RESPONDENT

ADWAY HOLDINGS PTY LTD

(ACN 054 201 857)

FIFTH RESPONDENT

NICK KRITHARAS HOLDINGS PTY LTD

(ACN 054 663 464)

SIXTH RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 15 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Gatsios Holdings Pty Ltd (ACN 076 177 869), whether by itself, its servants, agents or otherwise howsoever, be restrained until 16 July 2000 or until further order of the Court: (a) from: (i) selling, assigning, charging, mortgaging, encumbering or otherwise dealing with or disposing of; or (ii) causing or permitting to be sold, assigned, charged, mortgaged, encumbered or otherwise dealt with or disposed of; or (iii) taking any steps (including, but not limited to, the entering into of any agreement) to sell, assign, charge, mortgage, encumber, or otherwise deal with or dispose of; or (iv) advertising for sale the properties known as Lots 1 and 3 in Strata Plan 51691 at Hurlstone Park, New South Wales, registered in Folio Identifier Numbers 1/51691 and 3/51691 respectively; and (b) from (i) removing from the jurisdiction, selling, assigning, charging, mortgaging, encumbering or otherwise dealing with or disposing of; or (ii) causing or permitting to be removed from the jurisdiction, sold, assigned, charged, mortgaged, encumbered or otherwise dealt with or disposed of; or (iii) taking any steps (including but not limited to the entering into of any agreement) to remove from the jurisdiction, sell, assign, charge, mortgage, encumber, or otherwise deal with or dispose of; or (iv) advertising for sale any other assets held by it as trustee for the KN Trust within the jurisdiction of this Court, including but not limited to any monies in the following bank account: National Australia Bank (Rockdale) Business Cheque Account, Gatsios Holdings Pty Ltd apart from amounts totalling no more than $200 per week to be used for the sole purpose of the education, maintenance and support of the infant beneficiaries of the KN Trust. 2. The First, Third and Sixth respondents and Gatsios Holdings Pty Limited pay the Applicant's costs of the application for Mareva orders which were heard in Court on 2 and 26 August 1999. 3. Liberty is reserved to Gatsios Holdings Pty Limited to apply on three days notice for relaxation of order 1 as to any asset. The Court Notes that: 1. The applicant by its Counsel undertakes to the Court to expeditiously pursue proceedings for recovery of the judgment debt against the assets of the KN Trust. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.