Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lifetime Investments Ltd v Commercial (Worldwide) Financial Services Pty Ltd [2005] FCA 226 INTERLOCUTORY RELIEF – ex parte application – mareva orders – principles applicable – sufficiency of evidence as to risk of dissipation of assets – delay by applicants – inability to locate dissipated funds INTERLOCUTORY RELIEF – ex parte application – anton piller orders – principles applicable – prima facie case of misappropriation of monies – real possibility of evidence being destroyed – undertakings as to damages FEDERAL COURT – cause of action – conversion of monies – constructive trustees – section 52 Trade Practices Act 1974 (Cth) – jurisdiction – lack of federal element
Statutes Trade Practices Act 1974 (Cth), s 52
Cases A v C [1981] QB 956 foll Anton Piller KG v Manufacturing Processes Ltd [1976] 1 All ER 779 appl Bankers Trust Co v Shapira and Ors [1980] 1 WLR 1274 foll Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 app Jackson v Sterling Industries Ltd (1987) 162 CLR 612 app Patterson v BTR Engineering (Australia) Ltd (1989) 18 NSWLR 319 cons Victoria University of Technology v Wilson [2003] VSC 299 foll
Other Authorities J Mowbray et al., Lewin on Trusts, 17th edn, Sweet & Maxwell, London, 2000
LIFETIME INVESTMENTS LTD (A St Vincent and the Grenadines Company No 5479 IBC 2000) v COMMERCIAL (WORLDWIDE) FINANCIAL SERVICES PTY LTD AND WILLIAM DAVID WALLADER
QUD 60 OF 2005
KIEFEL J
BRISBANE
10 MARCH 2005
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 60 OF 2005
BETWEEN: LIFETIME INVESTMENTS LTD
(A St Vincent and the Grenadines Company No 5479 IBC 2000)
APPLICANT
AND: COMMERCIAL (WORLDWIDE) FINANCIAL SERVICES PTY LTD (ACN 053 354 706)
FIRST RESPONDENT
WILLIAM DAVID WALLADER
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