Ashburton Oil NL v Alpha Minerals NL [1971] HCA 5

High Court of Australia Barwick C.J. Menzies, Windeyer, Walsh and Gibbs JJ. Ashburton Oil NL v Alpha Minerals NL [1971] HCA 5

ORDER Appeal allowed with costs. Order of the Full Court of the Supreme Court of Victoria set aside and in lieu thereof—

(1) Order that the order of Anderson J. be varied by inserting therein after the words "until further order" the numeral (1) and the word "wrongfully" before the words "allotting or issuing" and the words "entering into any agreement" and by adding after the words "the capital of the defendant" the numeral (2) and the words "from allotting or issuing shares in pursuance of the agreements referred to in Exhibits "C" and "D" to the affidavit of Ernest Harding Niemann sworn herein 29th June 1970 and i do order that before allotting or issuing or entering into any agreement to allot or issue any other shares the defendant shall give to the plaintiffs in writing full particulars of the transaction into which the defendant is proposing to enter and of the circumstances in which it proposes to allot or issue shares and i do further order that the defendant be and it is hereby restrained from entering into any such agreement or allotting or issuing any such shares for fourteen days from the date of giving such notice and i do further order that if within fourteen days of the service upon the plaintiffs of a notice giving such particulars the plaintiffs shall file and serve upon the defendant a notice of motion for an order restraining the defendant from entering into the agreement or allotting or issuing the shares the subject of the notice so served upon the plaintiffs, the defendant be and is hereby restrained from entering into any such agreement or allotting or issuing any such shares until the determination of any such application by the plaintiffs".