Jameson v Guri Wa Ngundagar Aboriginal Corporation [2001] FCA 561

FEDERAL COURT OF AUSTRALIA

Jameson v Guri Wa Ngundagar Aboriginal Corporation [2001] FCA 561

INTERLOCUTORY ORDERS – asset preservation orders – factors to be considered before making asset preservation orders

Aboriginal Councils and Associations Act 1976 (Cth) s 71, s 73 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 at [50] followed Glenwood Management Group Pty Ltd v Mayo [1991] 2 VR 49 at 49 followed Pearce v Waterhouse [1986] VR 603 at 605 followed BARRY JAMESON v GURI WA NGUNDAGAR ABORIGINAL CORPORATION & ORS N 509 OF 2001

STONE J 3 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 509 OF 2001

BETWEEN: BARRY JAMESON

APPLICANT

(IN HIS CAPACITY AS ADMINISTRATOR OF THE GURI WA NGUNDAGAR ABORIGINAL CORPORATION)

AND: GURI WA NGUNDAGAR ABORIGINAL CORPORATION

FIRST RESPONDENT

AND: CHARLES QUINLAN

LILLIAN MOSELEY

REX LARDNER

WILLIAM ALLEN

ROBERT INGLIS

WADE BULL

GORDON ATKINSON

KEVIN KENNEDY

SHIRLEY DOYLE

SECOND RESPONDENTS

JUDGE: STONE J

DATE OF ORDER: 3 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1 Upon the applicant by his counsel having given to the Court the usual undertaking as to damages, until further order each of the second respondents by themselves or by their servants or agents be restrained from dealing with, alienating, encumbering, selling or otherwise disposing of any of the property specified in Schedule "B" to the applicant's notice of motion filed in Court on 3 May 2001. 2 Subject to the next order, upon the applicant by his counsel having given to the Court the usual undertaking as to damages, until further order each of the second respondents forthwith deliver up to the applicant or his representative at the premises of the Guri Wa Ngundagar Aboriginal Corporation at 2/5 Prince Street, South Kempsey, any of the property specified in Schedule "B" to the applicant's notice of motion filed in Court on 3 May 2001 held by any of them (or held by any of their servants or agents). 3 Nothing in Order 2 requires any person to deliver to the said premises at 2/5 Prince Street South Kempsey, any property which is ordinarily used in, or situate at the premises of, any of the following: a) Wearwulf Sportswear Pty Ltd at 17-23 South Street, South Kempsey, NSW: b) the business trading or known as "Native Plant & Wildflower Nursery" at Stuarts Point, NSW; or c) the business or concern known as "Corangula Farm", at Corangula, NSW. 4 Subject to Order 5, that until further order, Barry Charles Jameson, his servants or agents, be given sole access and possession of premises known as 2/5 Prince Street, South Kempsey and of all other premises owned, leased or occupied by the Guri Wa Ngundagar Aboriginal Corporation, to the extent only that Guri Wa Ngundagar Aboriginal Corporation has rights to sole access and possession of such premises. 5 Nothing in Order 4: a) prevents any employee of the Guri Wa Ngundagar Aboriginal Corporation from having his or her usual access to the premises at 2/5 Prince Street, South Kempsey for the ordinary purposes of his or her ordinary employment; or b) prevents any of the second respondents (or any of their legal representatives) from having reasonable access to the said premises for the purposes of preparing their defence to these proceedings, or for such other purpose as the applicant permits, such permission not to be unreasonably withheld. 6 Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.