Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tadros v J & R Investment Services Pty Ltd [2007] FCA 1041
ASSET PRESERVATION ORDER – also known as freezing order – formerly Mareva injunction - whether objective fact test or subjective purpose test – purpose alone is not sufficient – high degree of caution appropriate – orders discharged. Fair Trading Act 1987 (NSW) Federal Court Rules Partnership Act 1892 (NSW) Trade Practices Act 1974 (Cth) Beach Petroleum NL v Johnson (1992) 9 ACSR 404 Biscen Pty Ltd v Temsign Pty Ltd & Ors [1995] FCA 806 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Consolidated Constructions Pty Ltd v Bellenville Pty Ltd [2002] FCA 1513 Hayden v Teplitzky (1997) 74 FCR 7 Mount Lyell Mining & Railway Co Ltd v Roxson Companies Oy [1994] FCA 848 Northcorp Ltd v Allman Properties (Australia) Pty Ltd [1994] 2 Qd R 405 Patrick Stevedores Operations (No 2) Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Victoria University of Technology v Wilson [2003] VSC 299 Yenald Nominees P/L v Como Investments P/L (In Liquidation) (ACN 008 732 223) & Ors [1994] FCA 374 ANTHONY TADROS v J & R INVESTMENT SERVICES PTY LTD, JOSEPH WAKIM, RITA WAKIM, BEN KANNAN, SAYED EL-HAWACHE AND JAMES JOSEPH LAHOOD NSD 1924 OF 2006
BUCHANAN J
11 JULY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1924 OF 2006
BETWEEN: ANTHONY TADROS
Applicant
AND: J & R INVESTMENT SERVICES PTY LTD
First Respondent
JOSEPH WAKIM
Second Respondent
RITA WAKIM
Third Respondent
BEN KANNAN
Fourth Respondent
SAYED EL-HAWACHE
Fifth Respondent
JAMES JOSEPH LAHOOD
Sixth Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 11 JULY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Orders 2 and 3 made by Bennett J on 25 May 2007 be vacated. 2. The amounts held in trust by James Lahood & Associates in the names of James Lahood and Rocco Ardino, being the net proceeds of the sale of 27 Urunga Street, Punchbowl, be paid as directed by the second and third respondents. 3. Order 1 made by Bennett J on 28 December 2006 be vacated. 4. Costs of the motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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