Reches Pty Limited v Tadiran Limited [2001] FCA 415

FEDERAL COURT OF AUSTRALIA

Reches Pty Limited v Tadiran Limited [2001] FCA 415 CONTEMPT OF COURT – breach of undertaking – security for costs – where directors of the applicant undertook not to remove from their residence or disperse certain items of personal property – where the directors may have believed the respondent had no intention of enforcing its legal rights with respect to that property. Australian Competition and Consumer Commission v Hughes [2001] FCA 38 followed Australasian Meat Industry Employees' Union v Mudginberri Station Proprietary Limited (1986) 161 CLR 98 followed LED Builders Pty Ltd the Eagle Homes Pty Ltd [1999] FCA 1213 cited Mc Nair Anderson Associates Pty Ltd v Hinch [1985] VR 309 followed Whitlam v Holloway (1995) 183 CLR 525 followed RECHES PTY LIMITED V TADIRAN LIMITED

NG 606 OF 1996 MOORE J 11 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 606 OF 1996

BETWEEN: Reches Pty Limited

APPLICANT

AND: Tadiran Limited

RESPONDENT

JUDGE: Moore J

DATE OF ORDER: 11 APRIL 2001

WHERE MADE: SYDNEY

THE COURT DECLARES AND ORDERS THAT:

1. Isaac and Yael Reches committed a contempt by breaching an undertaking to the Court given on 16 July 1998 and accepted by the Court on 20 July 1998, by removing from unit 12/442 Edgecliff Road, Edgecliff, New South Wales the property listed in the schedule to the bill of sale attached to the undertaking. 2. The notice of motion is stood over until 9.00am on 27 April 2001 for submissions on penalty, or such other time as the Court may order. 3. Costs reserved. 4. Liberty to apply on 2 days notice.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 606 OF 1996