Australian Competition & Consumer Commission v Top Snack Foods Pty Ltd & Ors [1997] FCA 1255

Australian Competition & Consumer Commission v Top Snack Foods Pty Ltd & Ors [1997] FCA 1255

Leave granted to join Adway Holdings Pty Ltd and Nick Kritharas Holdings Pty Ltd as respondents based on sufficient material indicating they were undisclosed principals and engaged in alleged misleading conduct through Top Snack. Mareva injunction granted against Kritharas and Gatsios Holdings Pty Ltd as there is a real danger of asset dissipation, but Gatsios not added as respondent due to lack of cause of action; injunction terms modified to allow minimal withdrawals for infant beneficiaries and extension of affidavit filing time.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Top Snack Foods Pty Ltd; Second Respondent: George Manera; Third Respondent: Nicholas Kritharas; Fourth Respondent: Selina Manera; Proposed Respondent: Nick Kritharas Holdings Pty Ltd; Proposed Respondent: Adway Holdings Pty Ltd; Third Party to Proceedings: Gatsios Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
07 November 1997
Procedural Posture
Notice of Motion in Ongoing Proceeding / Interlocutory Application for Joinder and Mareva Injunction
Outcome
Leave granted for joinder of Adway and Kritharas; Mareva injunction granted against Kritharas and Gatsios Holdings Pty Ltd; leave refused to add Gatsios as respondent; various procedural and protective orders made.
Legal Topics
Joinder of Parties, Mareva Injunction, Misleading and Deceptive Conduct
Practice and Procedure Equity Competition Law Joinder of Parties Mareva Injunction Misleading and Deceptive Conduct

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Parties

Australian Competition & Consumer Commission

Applicant

Top Snack Foods Pty Ltd

First Respondent

George Manera

Second Respondent

Nicholas Kritharas

Third Respondent

Selina Manera

Fourth Respondent

Nick Kritharas Holdings Pty Ltd

Proposed Respondent

Adway Holdings Pty Ltd

Proposed Respondent

Gatsios Holdings Pty Ltd

Third Party to Proceedings

Procedural Posture

Notice of Motion in Ongoing Proceeding / Interlocutory Application for Joinder and Mareva Injunction

Legal Issues

  1. 1 Whether proposed amended pleadings disclose any proper cause of action against proposed respondents
  2. 2 Whether leave should be granted to join additional respondents
  3. 3 Whether Mareva injunction should be granted against third party to proceeding

Ratio Decidendi

Leave granted to join Adway Holdings Pty Ltd and Nick Kritharas Holdings Pty Ltd as respondents based on sufficient material indicating they were undisclosed principals and engaged in alleged misleading conduct through Top Snack. Mareva injunction granted against Kritharas and Gatsios Holdings Pty Ltd as there is a real danger of asset dissipation, but Gatsios not added as respondent due to lack of cause of action; injunction terms modified to allow minimal withdrawals for infant beneficiaries and extension of affidavit filing time.

Court Disposition

Leave granted for joinder of Adway and Kritharas; Mareva injunction granted against Kritharas and Gatsios Holdings Pty Ltd; leave refused to add Gatsios as respondent; various procedural and protective orders made.

Orders

  • Leave to file Further Amended Application and Second Further Amended Statement of Claim joining Adway Holdings Pty Ltd and Nick Kritharas Holdings Pty Ltd as respondents.
  • Mareva injunction restraining Gatsios Holdings Pty Ltd from dealing with assets, subject to exemption for withdrawals under $200 for infant beneficiaries.