Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elderslie Finance Corporation Limited v Newpage Pty Ltd (No 4) [2007] FCA 500 PRACTICE AND PROCEDURE – Freezing Order – sharply conflicting evidence as to underlying facts – whether serious question to be tried as to whether person against whom Freezing Order sought would be held liable to applicants – whether Freezing Order should be discharged because applicants had not made full disclosure on original ex parte application for the Order. Hayden v Teplitzky (1997) 74 FCR 7 cited Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 cited
Biscoe P, Mareva and Anton Piller Orders: Freezing and Search Orders (LexisNexis Butterworths, 2005) ELDERSLIE FINANCE CORPORATION LIMITED (ACN 008 678 233) AND OTHERS v NEWPAGE PTY LIMITED AND OTHERS NSD 4 of 2007
LINDGREN J
4 April 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 4 OF 2007
BETWEEN: ELDERSLIE FINANCE CORPORATION LIMITED
(ACN 008 678 233)
First Plaintiff
PETER ALEXIS GEORGE
Second Plaintiff
AND: NEWPAGE PTY LIMITED (ACN 087 645 216)
(RECEIVER AND MANAGER APPOINTED)
(IN LIQUIDATION)
Defendant/First Applicant
BARRY KENNETH HAMILTON IN HIS CAPACITY AS
OFFICIAL LIQUIDATOR OF NEWPAGE PTY LIMITED
(ACN 087 645 216) (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)
Second Applicant
CASINO BUSTERS INTERNATIONAL PTY LTD
(ACN 108 453 809)
First Respondent
ROUMALD CHARLES PARSONS
Second Respondent
MARTIN YONG HENG YII
Third Respondent
JUDGE: Lindgren J DATE OF ORDER: 4 April 2007
WHERE MADE: SYDNEY
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