Apple Computer Australia Pty Limited v George Mekrizis & Ors [2002] NSWSC 393

New South Wales Supreme Court

CITATION : Apple Computer Australia Pty Limited v George Mekrizis & Ors [2002] NSWSC 393 FILE NUMBER(S) : SC 50054/01 HEARING DATE(S) : 1/05/02 JUDGMENT DATE : 1 May 2002

PARTIES : Apple Computer Australia Pty Limited (Plaintiff) Donald Hartano (6th Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr CR Newlinds (Plaintiff) Mr P Biscoe QC, Mr R Horsley (6th Defendant) SOLICITORS : Clayton Utz (Plaintiff) Surry Partners (6th Defendant) CATCHWORDS : Practice and Procedure - Injunctions - Mareva injunction - Application to continue Mareva injunctive relief against 6th defendant - Balance of convenience - Whether order should be discharged Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Frigo v Culhaci (unreported, 17 July 1998, NSWCA) CASES CITED : Jackson v Sterling Industries Limited (1987) 162 CLR 612 Oshlack v Richmond River Council (1998) 193 CLR 72 Patterson v BTR Engineering (Aust) Ltd (1998) 18 NSWLR 319 DECISION : The Court orders that the 6th defendant file and serve on or before 4.00pm on 15 th May 2002 one or more affidavits which (a) disclose with particularity the nature and extent of the 6th defendant's assets as at the date of swearing the affidavit; (b) discloses the value of the said assets; and (c) discloses the present situation, place and whereabouts of such assets. The Court also orders that the 6th defendant pay so much of the costs of the plaintiff's notice of motion of 19 April 2002 as related to the plaintiff's claims against the 6th defendant including, of course, the costs of the hearing today.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST