Chiu v Zhao [2004] FCA 1714

FEDERAL COURT OF AUSTRALIA

Chiu v Zhao [2004] FCA 1714 MIGUEL CHIU as Trustee of Chiu's Family Trust v LING HUA ZHAO AND FANG PING FU as Trustees of Zhao's Family Trust, FORTUNE PLACE HOLDING PTY LTD ACN 106 596 249, FORTUNE PLACE INVESTMENT PTY LTD ACN 103 658 153, FORTUNE PLACE INVESTMENT GOODNA PTY LTD ACN 104 938 258 AND FORTUNE PLACE REALTY PTY LTD ACN 103 869 003 Q 194 OF 2004 DOWSETT J 20 DECEMBER 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 194 OF 2004

BETWEEN: MIGUEL CHIU

as Trustee of Chiu's Family Trust

APPLICANT

AND: LING HUA ZHAO AND FANG PING FU

as Trustees of Zhao's Family Trust

FIRST RESPONDENT

FORTUNE PLACE HOLDING PTY LTD

ACN 106 596 249

SECOND RESPONDENT

FORTUNE PLACE INVESTMENT PTY LTD

ACN 103 658 153

THIRD RESPONDENT

FORTUNE PLACE INVESTMENT GOODNA PTY LTD

ACN 104 938 258

FOURTH RESPONDENT

FORTUNE PLACE REALTY PTY LTD

ACN 103 869 003

FIFTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 20 DECEMBER 2004

WHERE MADE: BRISBANE

Upon the applicant's undertaking to pay any party to these proceedings such amounts by way of damages as the Court considers such party has suffered by reason of these orders in the event that the applicant is ultimately shown not have been entitled to the benefit of them –

THE COURT ORDERS THAT: 1. The third respondent be restrained by itself, its servants or agents or otherwise howsoever from giving effect to any resolutions pursuant to the notice of general meeting issued 7 December 2004 until further order. 2. The fourth respondent not disperse any funds received in conjunction with the contract of sale of the property at 29 Eagle Street Goodna without giving 48 hours notice in writing to the applicant of the intention so to do. 3. The motions are adjourned to 18 February 2005 at 10.15 am for hearing. 4. On or before 31 January 2005 any party shall give notice to the other parties of any further relief to be sought on 18 February 2005 together with all affidavits in support thereof. 5. All parties to file any material in reply by 11 February 2005. 6. The costs of today are reserved. 7. The parties have liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.