Wise v Icons Worldwide Marketing Pty Ltd [2000] FCA 1800

FEDERAL COURT OF AUSTRALIA

Wise v Icons Worldwide Marketing Pty Ltd [2000] FCA 1800 PRACTICE AND PROCEDURE – Mareva order – whether real risk or danger of dissipation or disposal of proceeds of sale of property so that any judgment would be unsatisfied. Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 considered Frigo v Culhaci (New South Wales Court of Appeal, Mason P, Sheller JA and Sheppard AJA, 17 July 1998, unreported) referred to MARGARET WISE and GARY RAWLYK (trading as AUSTRALIAN CANCER PREVENTION DIRECTORY) v ICONS WORLDWIDE and RAYMOND MARK SHALE V 53 of 2000 GOLDBERG J 8 DECEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 53 of 2000

BETWEEN: MARGARET WISE and GARY RAWLYK

(trading as AUSTRALIAN CANCER PREVENTION DIRECTORY)

Applicants

AND: ICONS WORLDWIDE MARKETING PTY LTD

(ACN 085 288 348)

First Respondent

RAYMOND MARK SHALE

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 8 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion filed by the applicants on 21 November 2000 be dismissed. 2. The applicants pay the costs of the motion of the respondents and of Victoria Jean Shale and that such costs be paid forthwith pursuant to O 62 r 3(2) of the Federal Court Rules notwithstanding that the proceeding is not concluded. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 53 of 2000

BETWEEN: MARGARET WISE and GARY RAWLYK

(trading as AUSTRALIAN CANCER PREVENTION DIRECTORY)

Applicants

AND: ICONS WORLDWIDE MARKETING PTY LTD

(ACN 085 288 348)

First Respondent