Lifetime Investments Ltd v Commercial (Worldwide) Financial Services Pty Ltd [2005] FCA 240

FEDERAL COURT OF AUSTRALIA

Lifetime Investments Ltd v Commercial (Worldwide) Financial Services Pty Ltd [2005] FCA 240

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

NO QUD 60 OF 2005

KIEFEL J

BRISBANE

14 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

SECOND RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 14 MARCH 2005

WHERE MADE: BRISBANE

THE COURT ORDERS:

That upon the Applicant (and its Agent) by its Counsel undertaking; A. To: (a) submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the court or as it may direct, to any person, whether or not a party, adversely affected by the operation of this Order or any continuation with or without variation thereof; and (b) to pay the compensation referred to in (a) to the person there referred to. B. To serve forthwith upon the execution of this Order on the Respondents: (a) a copy of the application and motion filed herein 7 March 2005; (b) a sealed copy of this Order; (c) a copy of the affidavits filed herein of Joseph Severin (sworn 1 March 2005; filed 7 March 2005), Ece Mustafa-ey (sworn 4 March 2005; filed 7 March 2005) , Lisa Busch (sworn 2 March 2005;filed 7 March 2005), Lisa Busch (sworn 4 March 2005; filed 7 March 2005), Bruce James Alexander Virgo (sworn 4 March 2005; filed 7 March 2005), Heather Ruth Watson (sworn 4 March 2005; filed 7 March 2005), the undertaking by the Applicant (dated 25 Februry 2005 filed 7 March 2005), the undertaking by Australian Receivables Pty Ltd (dated 2 March 2005 filed 7 March 2005), and the further affidavits of Peter Vincent Mills (sworn 10 March 2005 and filed by leave 10 March 2005), David John Chatfield Edwards (sworn 10 march 2005 filed by leave 10 March 2005), the affidavit of Peter Vincent Mills (sworn 14 March 2005 and filed by leave 14 March 2005) and the reasons of this court dated 10 March 2005). C. That upon the execution of this Order, a Supervising Solicitor (being a member of the firm of Supervising Solicitors referred to in paragraph 5 of this Order) will offer to, and will if requested, explain to the Respondents or their employees, servants, agents or other persons appearing to be in charge of the premises referred to in paragraph 2 of this Order upon whom this Order is served, the nature and effect of this Order and their right to seek and obtain legal advice before complying with this Order provided that such advice be obtained forthwith and in any event within one hour of service of this Order. D. To use any documents or information disclosed or obtained as a result of this Order only for the purposes of this proceeding and not to use the documents or information for any other purpose whatsoever without further obtaining the leave of this court. E. To procure that an independent firm of solicitors ('Supervising Solicitors') supervise the execution of this Order at the premises referred to in order 2 below. F. AND the solicitors for the Applicant by its Counsel (being also their Counsel for this purpose) undertaking (i) to deliver to this Court the originals of all documents and property obtained as a result of paragraphs 2 and 3 of this Order within two working days of their removal; (ii) where ownership of any article obtained as a result of this Order is disputed, to deliver up such article to the custody of the solicitors acting on behalf of the Respondents within two working days of receipt of a written undertaking by such solicitors to retain the same in safe custody and to produce the same if required to the court. THE COURT ORDERS THAT: