Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coal of Africa Limited v Sergeant (No 2) [2012] FCA 1169 Citation: Coal of Africa Limited v Sergeant (No 2) [2012] FCA 1169
Parties: COAL OF AFRICA LIMITED ACN 008 905 388 v BLAIR SERGEANT
File number: NSD 1427 of 2012
Judge: ROBERTSON J
Date of judgment: 25 October 2012
Catchwords: PRACTICE AND PROCEDURE – freezing orders – making of freezing orders where original orders made ex parte – relevant factors – whether initial freezing orders obtained in circumstances where there was material non-disclosure
Legislation: Federal Court Rules 2011 (Cth) r 7.35
Cases cited: Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 applied Deputy Commissioner of Taxation v Hua Wang Bank Berhad (2010) 273 ALR 194 followed MG Corrosion Consultants Pty Ltd v Gilmour (2012) 202 FCR 354 cited Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 applied
Date of hearing: 18 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Plaintiff: Mr MJ Leeming SC with Mr R Bhalla
Solicitor for the Plaintiff: Corrs Chambers Westgarth
Counsel for the Defendant: Mr JM Ireland QC with Ms JK Taylor
Solicitor for the Defendant: Tottle Partners
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1427 of 2012
BETWEEN: COAL OF AFRICA LIMITED ACN 008 905 388
Plaintiff
AND: BLAIR SERGEANT
Defendant
JUDGE: ROBERTSON J DATE OF ORDER: 25 OCTOBER 2012 WHERE MADE: SYDNEY
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