Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phillips v Quinton [2006] FCA 409
SUZANNE PHILLIPS v HAROLD VICTOR QUINTON
NSD 621 of 2006
LINDGREN J
7 APRIL 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 621 OF 2006
BETWEEN: SUZANNE PHILLIPS
PLAINTIFF
AND: HAROLD VICTOR QUINTON
DEFENDANT
JUDGE: LINDGREN J
DATE OF ORDER: 7 APRIL 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for interlocutory orders brought by interlocutory process filed on 27 March 2006 be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 621 OF 2006
BETWEEN: SUZANNE PHILLIPS
PLAINTIFF
AND: HAROLD VICTOR QUINTON
DEFENDANT
JUDGE: LINDGREN J
DATE: 7 APRIL 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The plaintiff ('Ms Phillips'), who is unrepresented, applies to me as Corporations Duty Judge for an interlocutory order in the nature of a Mareva injunction and an ancillary disclosure order in support of the Mareva order. She relies on her affidavit filed on 27 March 2006, the text of which comprises 78 pages and the annexures to which, although not paginated, would appear to comprise some two to three hundred pages. As well, Ms Phillips has handed up a chronological history of what she says constitutes a course of 'concealed fraud' on the part of the defendant ('Mr Quinton'). 2 The events in question apparently go back to 22 March 1980 when Ms Phillips's late father, Ivan George Phillips, was hospitalised: '... suffering from anaemia and the onset of senile dementia'. 3 Apparently, her late father granted a power of attorney to Mr Quinton, who also purported to act as a director or perhaps governing director of Maspro Industries Pty Ltd. Ms Phillips alleges that Mr Quinton acted fraudulently, apparently in many respects. One is that he 'used the voting power of shares held in trust to liquidate Maspro Industries Pty Ltd'. 4 As I understand it, there is an allegation that the power of attorney was obtained from her late father at a time when his mental condition did not enable him validly to grant a power of attorney. As well, apparently there is an allegation that Mr Quinton used his position as a director or governing director of Maspro Industries Pty Ltd in various ways to procure benefits for himself.
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