Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Discovery Africa Ltd v Nichol (No 2) [2014] FCA 645 Citation: Discovery Africa Ltd v Nichol (No 2) [2014] FCA 645
Parties: DISCOVERY AFRICA LIMITED (ACN 147 324 847) v KEVIN WILLIAM NICHOL, DANIE VAN DEN BERGH and SINDISE MINING LTD
File number: WAD 87 of 2014
Judge: GILMOUR J
Date of judgment: 26 May 2014
Catchwords: PRACTICE AND PROCEDURE – freezing orders – applicant seeks disclosure of respondents' worldwide assets
Legislation: Federal Court Rules 2011 (Cth) r 10.43
Date of hearing: 26 May 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Mr JM Healy
Solicitor for the Applicant: Nova Legal
Counsel for the First Respondent: Mr PW van der Zanden
Solicitor for the First Respondent: Hotchkin Hanly
Counsel for the Second Respondent: Mr MA Stork
Solicitor for the Second Respondent: Fletcher Law
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 87 of 2014
BETWEEN: DISCOVERY AFRICA LIMITED (ACN 147 324 847)
Applicant
AND: KEVIN WILLIAM NICHOL, DANIE VAN DEN BERGH AND SINDISE MINING LTD
Respondent
JUDGE: GILMOUR J DATE OF ORDER: 26 MAY 2014 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The first and second respondents file and serve any affidavits on which they intend to rely in opposition to the interlocutory application on or before 4.00 pm on 6 June 2014. 2. The first and second respondents file and serve an outline of submissions in opposition to the interlocutory application on or before 4.00 pm on 6 June 2014. 3. The applicant file and serve any reply evidence and submissions on or before 10 June 2014. 4. The interlocutory application be fixed for hearing at 9.30 am on 13 June 2014. 5. Without admission, and subject to the usual undertaking being proffered by the applicant: (a) Orders 6 and 7 of the Court's orders dated 16 April 2014 against the first respondent be extended to 5.00 pm (WST) on 13 June 2014. (b) Orders 6 and 7 of the Court's orders of 16 April 2014 against the second respondent be extended to 5.00 pm (WST) on 13 June 2014. (c) Order 7(a)(iii) relating to the first respondent be amended to insert the following paragraphs: (C) your shares in Celamin Holdings NL; and (D) your cash held in St George Bank. 6. By 4.00 pm on 27 May 2014, the first and second respondents disclose to the applicant their worldwide assets by serving a copy of an affidavit by the first and second respondents respectively. 7. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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