Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 337

FEDERAL COURT OF AUSTRALIA

Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 337 WALTER RAU NEUSSER OEL UND FETT AG v Cross Pacific Trading LTD AND ORS NSD 432 of 2005 ALLSOP J 21 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 432 of 2005

BETWEEN: WALTER RAU NEUSSER OEL UND FETT AG

APPLICANT

AND: CROSS PACIFIC TRADING LTD

FIRST RESPONDENT

PATRICK SHUNG WONG

SECOND RESPONDENT

WILLEM JOHAN VAN VLYMEN

THIRD RESPONDENT

ORBIS COMMODITIES PTY LIMITED

FOURTH RESPONDENT

INTERNATIONAL COMTRADE & SHIPPING LIMITED

FIFTH RESPONDENT

RUSSELL ISLAND PLANTATION ESTATES LIMITED

SIXTH RESPONDENT

KAY LITTLEJOHN

SEVENTH RESPONDENT

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

EIGHTH RESPONDENT

ANZ LIMITED, FIJI

NINTH RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 21 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

Upon the Applicant by its counsel, giving the usual undertaking as to damages:

1. That the Applicant be granted leave to file in Court the application, notice of motion and supporting affidavits.

2. That the notice of motion be returnable instanter.

3. That until 24 March 2005 at midnight, each of the First to Fifth and Seventh Respondents by itself and its servants and agents be restrained from transferring, encumbering, disposing or otherwise dealing with the payments received from the Applicant under the agreement between the Applicant and the First Respondent dated 4 September 2003, as amended on or about 20 May 2004, and otherwise, in the case of the First and Fifth Respondents, than by payment into court in accordance with Orders numbered 4 and 7 respectively.