Southwell v Maladina [2002] FCA 76

FEDERAL COURT OF AUSTRALIA

Southwell v Maladina [2002] FCA 76 ROBERT SOUTHWELL v JAMES MUSTATA MALADINA (AKA JIMMY MALADINA), JANET MALADINA, FERRAGAMO LIMITED (PREVIOUSLY KNOWN AS FERRAGAMO PTY LIMITED), FERRAGAMO (AUST) PTY LTD ACN 084 743 144, ORD MINNETT MANAGEMENT LIMITED ACN 002 262 240 and NATIONAL PROVIDENT FUND BOARD OF TRUSTEES Q 7027 OF 2001 DOWSETT J 5 FEBRUARY 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 7027 OF 2001

BETWEEN: ROBERT SOUTHWELL

APPLICANT

AND: JAMES MUSTATA MALADINA (AKA JIMMY MALADINA)

FIRST RESPONDENT

JANET MALADINA

SECOND RESPONDENT

FERRAGAMO LIMITED (PREVIOUSLY KNOWN AS FERRAGAMO PTY LIMITED)

THIRD RESPONDENT

FERRAGAMO (AUST) PTY LTD ACN 084 743 144

FOURTH RESPONDENT

ORD MINNETT MANAGEMENT LIMITED ACN 002 262 240

FIFTH RESPONDENT

NATIONAL PROVIDENT FUND BOARD OF TRUSTEES

SIXTH RESPONDENT

JUDGE: DOWSETT

DATE OF ORDER: 5 FEBRUARY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The motion for interlocutory relief is dismissed. 2. Paragraph 1 of the orders made on 24 December 2001 be amended to read: That summonses issue pursuant to s 81(1) of the Bankruptcy Act 1966 (Cth) for the examination of, and production of documents by, the first and second respondents, always provided that until further order the first respondent and second respondent are to be asked no questions concerning the first respondent's conduct as chairman of the National Provident Fund." 3. All parties have liberty to apply for further interlocutory relief as they may be advised. 4. There be no order as to costs as between the applicant and the first respondent. 5. Costs reserved as between the applicant and the second respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.