Kuan Han Pty Ltd v Oceanview Group Holdings Pty Ltd [2003] FCA 1063

FEDERAL COURT OF AUSTRALIA

Kuan Han Pty Ltd v Oceanview Group Holdings Pty Ltd [2003] FCA 1063 PRACTICE & PROCEDURE – mareva injunction claimed against third party – ancillary disclosure orders additionally sought – consideration of principles.

Conveyancing Act 1919 (NSW), s 37A Corporations Act 2001 (Cth), Part 5.7 Trade Practices Act 1974 (Cth), ss 51A, 52, 53A Federal Court of Australia Act 1976 (Cth), s 23

Bax Global (Australia) Pty Ltd v Evans & Ors (1999) 47 NSWLR 538 Cardile & Ors v LED Builders Pty Ltd (1999) 198 CLR 380 Patterson v BTR Engineering (Aust) Limited (1989) 18 NSWLR 319 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 A & Anor v C & Ors [1981] QB 956 Reid v Howard (1995) 184 CLR 1 Jackson v Sterling Industries Ltd (1987) 162 CLR 612 CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 Australian Competition and Consumer Commission v Top Snack Foods Pty Ltd & Ors [1997] 380 FCA Southern Equities Corp Ltd (In Liq.) v Bond & Ors (No. 4) [2000] SASC 538 KUAN HAN PTY LIMITED v OCEANVIEW GROUP HOLDINGS PTY LTD N 1016 OF 2002 CONTI J 12 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1016 OF 2002

BETWEEN: KUAN HAN PTY LIMITED

APPLICANT

AND: OCEANVIEW GROUP HOLDINGS PTY LTD

RESPONDENT

OCEANVIEW GROUP HOLDINGS PTY LTD

CROSS CLAIMANT

KUAN HAN PTY LIMITED

CROSS RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 12 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT upon the applicant having given to the Court the usual undertaking as to damages and a further undertaking to commence proceedings under s 37A of the Conveyancing Act 1919 (NSW):

1. Samuel Issa, by himself, his servants or agents, be restrained until further order of this Court from disposing of, encumbering, otherwise dealing with in any way or lodging for registration any dealing affecting the registration of the property referred to as Folio Identifier Lot 67 of DP 6770; 2. The applicant be permitted to make use of the documents produced by the respondent in these proceedings, under compulsion of law, in proceedings to be commenced in the Supreme Court of New South Wales; 3. Subject to any proper claim of privilege at an appropriate time, and until further order of this Court, the respondent within 7 days of the making of this order file at Court in a sealed envelope marked 'Only to be opened at a direction of a Judge' an affidavit or affidavits setting out with particularity: (a) all current assets and liabilities of the respondent and the approximate value of those assets and liabilities; and (b) in respect of the funds the subject of the cheques received by or on behalf of the respondent on each of the settlements referred to in the schedule hereto: (i) the account details of each account in to which the respondent deposited the funds; and (ii) how and when the respondent dealt with the funds once deposited. 4. The proceedings henceforth are to be dealt with by the docket judge; and 5. The parties have liberty to apply to the duty judge on any matter of extreme urgency.