Humphreys v McDaniels [2013] FCA 1061

FEDERAL COURT OF AUSTRALIA

Humphreys v McDaniels [2013] FCA 1061 Citation: Humphreys v McDaniels [2013] FCA 1061

Parties: ROBERT HUMPHREYS & MORIA CARTER IN THEIR CAPACITY AS RECEIVERS & MANAGERS OF CERTAIN PROPERTY OF SEACHANGE STORAGE PTY LTD (RECEIVERS & MANAGERS APPOINTED) v THOMAS MICHAEL MCDANIELS and SEACHANGE STORAGE PTY LTD

File number: QUD 371 of 2013

Judge: LOGAN J

Date of judgment: 22 August 2013

Date of hearing: 22 August 2013

Place: Brisbane

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 28

Counsel for the Applicants/Plaintiffs Mr M Trim

Solicitor for the Applicants/Plaintiffs Minter Ellison

Solicitors for the First Respondent/Defendant The First Respondent appeared in person

Solicitor for the Second Respondent/Defendant The Second Respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 371 of 2013

BETWEEN: ROBERT HUMPHREYS & MORIA CARTER IN THEIR CAPACITY AS RECEIVERS & MANAGERS OF CERTAIN PROPERTY OF SEACHANGE STORAGE PTY LTD (RECEIVERS & MANAGERS APPOINTED)

Plaintiff

AND: THOMAS MICHAEL MCDANIELS

First Defendant

SEACHANGE STORAGE PTY LTD

Second Defendant

JUDGE: LOGAN J DATE OF ORDER: 22 AUGUST 2013 WHERE MADE: BRISBANE

Upon the applicants by their counsel giving the usual undertakings as to damages:

THE COURT ORDERS THAT:

1. The Second Respondent by its director the First Respondent, forthwith make available for inspection all of the books and records of the Second Respondent including without limitation all books and records that relate to the self storage business, SEACHANGE STORAGE PTY LTD (the Business) conducted from the land situated at Lot 21 on SP 185352, Country of Livingstone, Parish of Yeppoon in the State of Queensland, title reference 50605310. 2. Until the hearing and determination of the Originating Application or until further earlier order, and save for the purpose of complying with any Court order, the First and Second Respondent be enjoined with dealing in any with any asset of the Second Respondent including without limitation, the business. 3. The Second Respondent by its director, the First Respondent, take all necessary steps (including by executing all documents reasonably required by the Applicants) to enable the Applicant to: (a) take control of the assets of the second respondent including without limitation all tangible and intangible assets in whatever form including without limitation any and all bank accounts operated by the second respondent or on its behalf; and (b) undertake and conduct the business. 4. Upon their taking of control of and, undertaking the Business, the Applicants maintain all necessary and proper books and records in respect of the undertaking of the Business and make available a copy of the same to the Second Respondent for inspection within a reasonable time within the making of the request for inspection. 5. The costs of this interlocutory application be reserved. AND THE COURT FURTHER ORDERS THAT: 1. The oral application made today in Court by the Applicants/Plaintiffs by their counsel for the amendment of the Originating Process be deemed sufficient and filing of a Notice of Motion in respect of that interlocutory application be dispensed with. 2. The Originating Process be amended in the form handed to the Court on 22 August 2013 and attached to this Order and marked "Attachment A to the orders made on 22 August 2013". 3. The Applicants/Plaintiffs file and serve any further affidavits upon which they seek to reply by no later than close of business on 27 September 2013. 4. The Defendants are to file and serve any affidavits upon which they seek to reply, including any affidavits in response, by 11 October 2013. 5. The Originating Process filed on 8 July 2013 (as amended) be set down for final hearing on 18 October 2013 at not before 10.15am. 6. The costs of and incidental to today's hearing be reserved. 7. The parties have liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.