Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kuterba v Sirtex Medical Limited (No 2) [2018] FCA 1489 File number: VID 1375 of 2017
Judge: MURPHY J
Date of judgment: 2 October 2018
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for order requiring respondent to provide three business days' notice before disposing of assets below a certain threshold – whether in substance a freezing order – whether applicants should be required to give undertaking as to damages
Legislation: Supreme Court (General Civil Procedure) Rules 2015 (Vic) Uniform Civil Procedure Rules 2005 (NSW)
Cases cited: Cardile v LED Builders Pty Ltd [1999] HCA 18; (1999) 198 CLR 380 Jackson v Sterling Industries (1987) 162 CLR 612 Patrick Stevedore Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 PT Bayan Resources TBK v BCBC Singapore Pte Ltd and Others [2015] HCA 36; (2015) 258 CLR 1
Date of hearing: 27 September 2018
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 36
Counsel for the Applicants: Mr N O'Bryan SC
Solicitor for the Applicants: Maurice Blackburn
Counsel for the Respondent: Mr P Solomon QC and Ms S Tame
Solicitor for the Respondent: Watson Mangioni Lawyers
ORDERS VID 1375 of 2017
BETWEEN: PAWEL KUTERBA First Applicant
TODD HAYWARD Second Applicant
AND: SIRTEX MEDICAL LIMITED Respondent
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