Renner v Gulf Western Corporation Pty Ltd (ACN 009 057 470) [2005] FCA 463

FEDERAL COURT OF AUSTRALIA

Renner v Gulf Western Corporation Pty Ltd (ACN 009 057 470)

[2005] FCA 463 MAREVA INJUNCTION – misleading or deceptive conduct – contract for sale of mining leases – termination of contract – claim for damages – title to mining leases held by respondent – claim for interlocutory relief to restrain disposal of mining leases – arguable case – no claim for recovery of leases – whether risk of dissipation of respondent assets – mareva injunction refused Trade Practices Act 1974 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) s 23 Patrick Stevedores Operations (No 2) Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 cited Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 cited JENS DIRK RENNER v GULF WESTERN CORPORATION PTY LTD (ACN 009 057 470) WAD 60 OF 2005 FRENCH J 1 APRIL 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD60 OF 2005

BETWEEN: JENS DIRK RENNER

APPLICANT

AND: GULF WESTERN CORPORATION PTY LTD

(ACN 009 057 470)

FIRST RESPONDENT

JOHN TELFER

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 1 APRIL 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The statement of claim to be filed and served on or before 22 April 2005.

2. The defence and any cross-claim to be filed and served by 13 May 2005.

3. The matter be listed for further directions before a Registrar of the Court on 23 May 2005 at which time the question of transfer to the Federal Magistrates Court can be considered.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD60 OF 2005

BETWEEN: JENS DIRK RENNER

APPLICANT

AND: GULF WESTERN CORPORATION PTY LTD