Altinova Nominees Pty Ltd v Leveraged Capital Pty Ltd [2008] FCA 686

FEDERAL COURT OF AUSTRALIA

Altinova Nominees Pty Ltd v Leveraged Capital Pty Ltd [2008] FCA 686

ALTINOVA NOMINEES PTY LIMITED v LEVERAGED CAPITAL PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED), LAURIE EMINI and GREEN FROG NOMINEES PTY LIMITED

NSD 654 of 2008

LINDGREN J

16 MAY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 654 of 2008

BETWEEN: ALTINOVA NOMINEES PTY LIMITED

Applicant

AND: LEVERAGED CAPITAL PTY LIMITED

(RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED)

First Respondent

LAURIE EMINI

Second Respondent

GREEN FROG NOMINEES PTY LIMITED

Third Respondent

JUDGE: LINDGREN J DATE OF ORDER: 9 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to file the Application in Court. 2. Direct that the Application be returnable instanter. 3. Order that, until 5:00 pm Tuesday 13 May 2008, the third respondent by itself its servants and agents be restrained from transferring, encumbering, disposing of or otherwise dealing with the 2,180,000 securities (being CXC CDIs or CXC shares) transferred by ANZ Nominees Pty Ltd to the third respondent on or about 27 March 2008. 4. Abridge the time for service of the Application, the supporting affidavits, and these orders to 5:00pm today. 5. Direct that it shall be sufficient service on the third respondent if serve is effected on the solicitors for Mr Emini and/or the registered office of the third respondent.

6. Proceeding stood over to 9:30 am Tuesday 13 May 2008 before the Corporations Duty Judge. 7. Costs reserved. 8. Direct that these orders may be entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA