Australian Securities and Investments Commission v Fuelbanc Australia Limited [2006] FCA 940

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Fuelbanc Australia Limited [2006] FCA 940

IN THE MATTER OF FUELBANC AUSTRALIA LIMITED (ACN 117 937 327) AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v FUELBANC AUSTRALIA LIMITED & OTHERS VID 785 of 2006 YOUNG J 20 JULY 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 785 OF 2006

IN THE MATTER OF FUELBANC AUSTRALIA LIMITED (ACN 117 937 327)

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

PLAINTIFF

AND: FUELBANC AUSTRALIA LIMITED (ACN 117 937 327)

FIRST DEFENDANT

PAYCARDS GLOBAL PTY LTD (ACN 116 759 472)

SECOND DEFENDANT

PAYCARDS INVESTMENTS PTY LTD (ACN 118 252 369)

THIRD DEFENDANT

PC PROPERTY GROUP PTY LTD (ACN 118 252 387)

FOURTH DEFENDANT

STEPHEN JOHN MCDOUGALL

FIFTH DEFENDANT

TIMOTHY ROSS MCDOUGALL

SIXTH DEFENDANT

MATTHEW ALAN MCDOUGALL

SEVENTH DEFENDANT

JUDGE: YOUNG J

DATE OF ORDER: 20 JULY 2006

WHERE MADE: MELBOURNE

In this Order, the scheme is the "FUELbanc" scheme or financial product pursuant to which:

1. Investors give money and barter units known as "Trade Dollars" to the First Defendant.

2. The defendants invest the money and barter units received from investors.

3. Investors received or are to receive a stored value debit card to be used at petrol stations.

THE COURT ORDERS THAT:

1. The Plaintiff have leave to amend its originating process in accordance with the draft Amended Originating Process exhibited to the affidavit of Andrew James Price sworn 20 July 2006. 2. Pursuant to ss.1101B and 1324(1) of the Act, the Defendants by themselves, their servants, agents or employees be restrained until 4.00pm on Tuesday 8 August 2006 or further order from: