Incentive Dynamics Pty Ltd (in liquidation) & Anor v Robins, Douglas Robert McNeill & Ors [1998] FCA 909

Incentive Dynamics Pty Ltd (in liquidation) & Anor v Robins, Douglas Robert McNeill & Ors [1998] FCA 909

As there are alternative sources of funds available to the respondents for litigation, and given the strong prima facie position of the applicants concerning some properties, the application by respondents to be released from undertakings is dismissed.

Parties
First Applicant: Incentive Dynamics Pty Limited (In Liquidation) (ACN 003 294 700); Second Applicant: Robert William Morton (Official Liquidator of Incentive Dynamics Pty Limited); First Respondent: Douglas Robert McNeill Robins; Second Respondent: John Haigh Robins; Third Respondent: Jonathan Michael Meissner; Fourth Respondent: John D'ersby Hudson; Fifth Respondent: Coldwick Pty Limited (ACN 053 673 395); Sixth Respondent: Robins Haigh McNeill Pty Limited (ACN 002 876 771); Seventh Respondent: Pagby Pty Limited (ACN 005 203 136); Eighth Respondent: Cheryl Ann Chang
Jurisdiction
Australia
Judgment Date
29 May 1998
Procedural Posture
Application in Proceeding / Ex Tempore Decision on Application to Be Released From Court Undertakings
Outcome
Respondents' application dismissed with costs.
Legal Topics
Interlocutory Applications, Release From Undertakings, Asset Protection
Civil Procedure Interlocutory Applications Release From Undertakings Asset Protection

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Parties

Incentive Dynamics Pty Limited (In Liquidation) (ACN 003 294 700)

First Applicant

Robert William Morton (Official Liquidator of Incentive Dynamics Pty Limited)

Second Applicant

Douglas Robert McNeill Robins

First Respondent

John Haigh Robins

Second Respondent

Jonathan Michael Meissner

Third Respondent

John D'ersby Hudson

Fourth Respondent

Coldwick Pty Limited (ACN 053 673 395)

Fifth Respondent

Robins Haigh McNeill Pty Limited (ACN 002 876 771)

Sixth Respondent

Pagby Pty Limited (ACN 005 203 136)

Seventh Respondent

Cheryl Ann Chang

Eighth Respondent

Procedural Posture

Application in Proceeding / Ex Tempore Decision on Application to Be Released From Court Undertakings

Legal Issues

  1. 1 Should the respondents be released from undertakings to the Court regarding certain properties?
  2. 2 Are there alternative funding sources available other than assets subject to undertakings?

Ratio Decidendi

As there are alternative sources of funds available to the respondents for litigation, and given the strong prima facie position of the applicants concerning some properties, the application by respondents to be released from undertakings is dismissed.

Court Disposition

Respondents' application dismissed with costs.

Orders

  • The respondents' application is dismissed with costs.