Geographe Point Pty Ltd v Hughes [2004] FCA 729

FEDERAL COURT OF AUSTRALIA

Geographe Point Pty Ltd v Hughes [2004] FCA 729

GEOGRAPHE POINT PTY LTD v BRYAN KEVIN HUGHES, CHRISTOPHER MUNDAY and ONYX (WA) PTY LTD W92 of 2004 CARR J 17 MAY 2004 SYDNEY (by videolink to Perth)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W92 OF 2004

BETWEEN: GEOGRAPHE POINT PTY LTD

APPLICANT

AND: BRYAN KEVIN HUGHES & CHRISTOPHER MUNDAY

FIRST RESPONDENTS

ONYX (WA) PTY LTD (ACN 066 277 521)

SECOND RESPONDENT

JUDGE: CARR J

DATE OF ORDER: 17 MAY 2004

WHERE MADE: SYDNEY (by videolink to Perth)

THE COURT ORDERS THAT: 1. The applicant's motion, filed on 12 May 2004, be dismissed. 2. Costs of the motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W92 OF 2004

BETWEEN: GEOGRAPHE POINT PTY LTD

APPLICANT

AND: BRYAN KEVIN HUGHES & CHRISTOPHER MUNDAY

FIRST RESPONDENTS

ONYX (WA) PTY LTD (ACN 066 277 521)

SECOND RESPONDENT

JUDGE: CARR J

DATE: 17 MAY 2004

PLACE: SYDNEY (by videolink to Perth)

REASONS FOR JUDGMENT

introduction 1 This is a motion for the grant of an interlocutory injunction restraining the first respondents from exercising or purporting to exercise any power as receivers and managers of the applicant's interest in a property development known as the "Chinderah Bay Marina Project" ("the Project") pursuant to a charge granted by the applicant to the second respondent, or from holding themselves out as receivers and managers of the applicant's interest in the Project. Seven affidavits have been filed in support of the principal application and the motion, mainly sworn by Mr Terrence Charles Posma, the sole director of the applicant. Three affidavits have been filed on behalf of the second respondent who is its financial controller and company secretary; one affidavit has also been filed on behalf of the first respondents.