Tasman KB Pty Limited v Watkins [2004] FCA 1190

FEDERAL COURT OF AUSTRALIA

Tasman KB Pty Limited v Watkins [2004] FCA 1190 TASMAN KB PTY LIMITED v THOMAS DOUGLAS WATKINS N 1313 of 2004 ALLSOP J 8 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1313 of 2004

BETWEEN: TASMAN KB PTY LIMITED

APPLICANT

AND: THOMAS DOUGLAS WATKINS

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 8 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 50 of the Bankruptcy Act 1996, Schon Condon, a registered trustee, take control of the property of the respondent debtor, Thomas Douglas Watkins, until a sequestration order under section 43 of the Bankruptcy Act 1966 is made or until the disposition otherwise of the creditor's petition herein.

2. The respondent debtor, Thomas Douglas Watkins, before 10 am on 15 September 2004, take all necessary and available steps including the granting of any necessary permissions to deliver to Schon Condon at Level 1, 34 Charles Street, Parramatta, NSW, 2150, all books, documents, papers and writings in his possession or power relating to his property and affairs.

3. The respondent debtor, Thomas Douglas Watkins, be restrained, without prior approval of the court, from paying, lending or depositing any monies with, or transferring or delivering any property to, any person, company or entity.

4. The respondent debtor, Thomas Douglas Watkins, be restrained without the prior approval of the Court, from transferring, sending, or taking moneys or other property out of Australia.

5. Without limitation of orders 3 and 4:

5.1 the respondent debtor, Thomas Douglas Watkins, be restrained either by himself or by his servants or agents from selling, mortgaging or otherwise dealing with or disposing of or permitting to be sold, charged, mortgaged or otherwise dealt with or disposed of, all or any of his assets within the States of New South Wales, Victoria and Queensland and including, but not limited to the following properties: