Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Angas Securities Limited v Adih [2017] FCA 1190 File number: SAD 253 of 2017
Judge: BESANKO J
Date of judgment: 28 September 2017
Date of publication of reasons: 6 October 2017
Catchwords: PRACTICE AND PROCEDURE – consideration of an application for a freezing order under Division 7.4 of the Federal Court Rules 2011 (Cth) – where the applicant has demonstrated a "good arguable case" within the meaning of r 7.35(1) of the Rules – where the applicant failed to satisfy the Court of the "danger" requirement in r 7.35(4) of the Rules.
Legislation: Federal Court Rules 2011 (Cth) Div 7.4, r 7.35
Cases cited: Platinum Mortgage Securities (Vic) Limited [2015] FCA 633
Dates of hearing: 26, 28 September 2017
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 5
Counsel for the Applicant: Mr E Belperio
Solicitor for the Applicant: Charlton Rowley
Counsel for the Respondents: The Respondents did not appear
ORDERS SAD 253 of 2017
BETWEEN: ANGAS SECURITIES LIMITED ACN 091 942 728 Applicant
AND: KOFI EUGENIO SEAWADOR ADIH First Respondent
KOFI ADIH PTY LTD ACN 061 095 725 Second Respondent
JUDGE: BESANKO J DATE OF ORDER: 28 September 2017
THE COURT ORDERS THAT:
1. The applicant's application for a freezing order be refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
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