Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bird v McComb (No 3) [2011] FCA 697 Citation: Bird v McComb (No 3) [2011] FCA 697
Parties: SUZANNE CHRISTINE BIRD v JOHN EDMUND MCCOMB, BRIMIN GEM PTY LTD (ACN 056 330 333), SCB HOLDINGS PTY LTD (ACN 085 917 371), CARRIAGES PTY LTD (ACN 063 116 852), NEWTOUN PTY LTD (ACN 006 858 788) and AUSTRAL PACIFIC QUEENSLAND PTY LTD AS TRUSTEE OF THE BM FAMILY TRUST
File number: QUD 10 of 2011
Judge: COLLIER J
Date of judgment: 20 June 2011
Catchwords: PRACTICE AND PROCEDURE – principles relevant to discharge of Mareva orders – consideration of an application to vary interlocutory restraints made by previous docket Judge so as to enable the defendant companies to borrow monies – interlocutory restraints maintaining status quo pending trial of the action – properties owned by second defendant held subject to terms of deed of trust – failure of plaintiff to enter appearance at previous directions hearing – delay of plaintiff in filing points of claim as previously ordered – whether plaintiff prosecuting litigation with diligence – whether facts materially different from those before previous Judge – defendants subject to call up notices on properties due to orders preventing borrowing monies to fund interest payable on mortgages – orders previously made varying interlocutory restraints – Court's discretion to discharge previous orders to be exercised with great caution having regard to the importance of the public interest in the finality of litigation
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