Reemac Pty Ltd v Financial Partners Pty Ltd [2007] FCA 434

FEDERAL COURT OF AUSTRALIA

Reemac Pty Ltd v Financial Partners Pty Ltd [2007] FCA 434 REEMAC PTY LTD (ACN 050 131 425), JOY NORTON AND SANDRA MCCAW v FINANCIAL PARTNERS PTY LTD (ACN 076 326 737) AND SIMON CHARLES PATRICK FINNIGAN VID235 OF 2007

JESSUP J

26 MARCH 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID235 OF 2007

BETWEEN: REEMAC PTY LTD (ACN 050 131 425)

First Applicant

JOY NORTON

Second Applicant

SANDRA MCCAW

Third Applicant

AND: FINANCIAL PARTNERS PTY LTD (ACN 076 326 737)

First Respondent

SIMON CHARLES PATRICK FINNIGAN

Second Respondent

JUDGE: JESSUP J DATE OF ORDER: 26 MARCH 2007

WHERE MADE: MELBOURNE

Upon the applicants by their counsel undertaking: a) to 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 the interlocutory order or undertaking or any continuation (with or without variation) thereof; and b) to pay the compensation referred to in (a) to the person there referred to. c) to cover each of the aforesaid services with a letter from the applicants' solicitors stating that the restraining order referred to below has been made under circumstances of urgency and if there is any reason why that order should not continue pending the hearing and determination of the proceeding, that reason may be advanced at the adjourned date referred to below,

And upon the first and third applicants by their counsel undertaking: a) to serve the Application, the Statement of Claim, the affidavit of Sandra McCaw affirmed on 23 March 2007, the order made by Tracey J on 23 March 2007 and this order upon the first respondent by personal service with expedition; b) to serve this order on the second respondent; and c) to cover each of the aforesaid services with a letter from the applicants' solicitors stating that the restraining order referred to below has been made under circumstances of urgency and if there is any reason why that order should not continue pending the hearing and determination of the proceeding, that reason may be advanced at the adjourned date referred to below, THE COURT ORDERS THAT: 1. Until 4.00 pm on 2 April 2007 the second respondent be restrained from disposing of any property and any interest in any property other than a) pursuant to a legal obligation in existence before 23 March 2007; b) in the ordinary course of his business or employment, not being a business or employment in which he commenced to be engaged on or after 23 March 2007; c) to meet reasonable personal or domestic expenses; or d) pursuant to the leave of the court. 2. The applicants' application for interlocutory relief pending the hearing and determination of the proceeding be adjourned to 10.15 am on 2 April 2007 at Melbourne. 3. The proceeding be listed for directions at 10.15 am 2 April 2007 at Melbourne. 4. Any time limit otherwise required by the Rules of Court be abridged to permit service of the two preceding orders at or before 5.00 pm on 28 March 2007. 5. Each party have liberty to apply. 6. Costs be reserved.