Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rafferty v Time 2000 West Pty Ltd (No 7) [2011] FCA 405 Citation: Rafferty v Time 2000 West Pty Ltd (No 7) [2011] FCA 405
Parties: PATRICK CAMPBELL RAFFERTY, SANTORA HOLDINGS PTY LTD ACN 128 467 550 and KARAVILLE HOLDINGS PTY LTD ACN 009 439 178 v TIME 2000 WEST PTY LTD ACN 127 893 270, TIME 2000 SYSTEMS (AUSTRALIA) PTY LTD ACN 127 853 614, TIME 2000 OPERATIONS (AUSTRALIA) PTY LTD ACN 128 700 541, EMBLETON LIMITED (A COMPANY INCORPORATED IN HONG KONG), STEPHEN GERARD DONOVAN and MADGWICKS
File number: SAD 122 of 2008
Judge: LANDER J
Date of judgment: 21 April 2011
Catchwords: PRACTICE AND PROCEDURE – freezing order – application to discharge freezing order by non-party –whether the circumstances have changed such that the freezing order ought to be discharged – whether there still exists a danger that the judgment will be wholly or partly unsatisfied – the degree of satisfaction required before the Court makes freezing order.
Legislation: Bankruptcy Act 1966 (Cth) ss 40, 43, 58 Federal Court Rules O 25A
Cases cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 cited Groeneveld Australia Pty Ltd v Nolten Vastgoed BV and Chris Nolten [2011] VSC 18 considered Robmatjus Pty Ltd v Violet Home Loans (2007) VSC 165 referred to
Date of hearing: 31 March 2011
Date of last submissions: 30 March 2011
Place: Adelaide
Division: GENERAL DIVISION
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