Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Clout (Trustee) v Anscor Pty Ltd [2001] FCA 174
MAREVA INJUNCTION - Mareva injunction imposed over part only of respondent's assets - application by respondent for access to frozen assets to meet ordinary living and business expenses - evidentiary onus is on person seeking to have the Mareva injunction relaxed to show they have no other assets out of which the expenses could be paid
Bankruptcy Act 1966 (Cth) s 120
A v C (No 2) [1981] 2 All ER 126 followed Australian Iron & Steel Pty Ltd v Buck [1982] 2 NSWLR 889 referred to Clark Equipment Credit of Australia Ltd v Como Factors Pty Ltd (1988) 14 NSWLR 552 referred to
DAVID LEWIS CLOUT (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF GEOFFREY ROBERT DEXTER) v ANSCOR PTY LTD,MACKAY & ALLEN PTY LTD, HINATORIE PTY LTD (PROVISIONAL LIQUIDATOR APPOINTED), THE FUND ADMINISTRATORS PTY LTD, REINSAG NOMINEES PTY LTD, SPECTRUM FUND ADMINISTRATION PTY LTD, AUSTRALIAN SECURED MORTGAGES PTY LTD, PROJECT FINANCE (QLD) PTY LTD, ANNE SHIRLEY CORBETT, CROFTBY DOWNS PTY LTD, THORNVILLE PTY LTD IN ITS OWN CAPACITY AND IN ITS CAPACITY AS TRUSTEE OF THE ANSCOR EXECUTIVE INCENTIVE TRUST AND THE THORNVILLE EXECUTIVE INCENTIVE TRUST, ANSCOR INVESTMENTS PTY LTD AND PACIFIC INTERNATIONAL ASSET MANAGEMENT LIMITED QG 7308 OF 1998 DRUMMOND J 26 AND 27 FEBRUARY 2001 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 7308 OF 1998
BETWEEN: DAVID LEWIS CLOUT (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF GEOFFREY ROBERT DEXTER)
APPLICANT
AND: ANSCOR PTY LTD
FIRST RESPONDENT
MACKAY & ALLEN PTY LTD
SECOND RESPONDENT
HINATORIE PTY LTD (PROVISIONAL LIQUIDATOR APPOINTED)
THIRD RESPONDENT
THE FUND ADMINISTRATORS PTY LTD
FOURTH RESPONDENT
REINSAG NOMINEES PTY LTD
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate