Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd [1999[ FCA 1511

Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd [1999[ FCA 1511

Given the potential for irreparable harm and absence of urgency, a short extension of time for compliance with existing orders was appropriate; stay and adjournment ordered to avoid prejudice pending further applications.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Giraffe World Australia Pty Limited (ACN 078 012 521); Second Respondent: Akihiko Misuma; Third Respondent: Robin Han; Fourth Respondent: Mark Scotte; Sixth Respondent: Lucille Orr
Jurisdiction
Australia
Judgment Date
26 October 1999
Procedural Posture
Motion / Interlocutory Application for Extension of Time and Stay Pending Hearing of Further Applications
Outcome
Orders granted as sought for extension and stay; motion otherwise stood over; costs reserved
Legal Topics
Mareva Orders, Extension of Time, Stay of Orders, Asset Disclosure
Civil Procedure Mareva Orders Extension of Time Stay of Orders Asset Disclosure

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Parties

Australian Competition & Consumer Commission

Applicant

Giraffe World Australia Pty Limited (ACN 078 012 521)

First Respondent

Akihiko Misuma

Second Respondent

Robin Han

Third Respondent

Mark Scotte

Fourth Respondent

Lucille Orr

Sixth Respondent

Procedural Posture

Motion / Interlocutory Application for Extension of Time and Stay Pending Hearing of Further Applications

Legal Issues

  1. 1 Whether time for compliance with asset disclosure order should be extended
  2. 2 Whether stay should be granted on notification to financial institutions in relation to Mrs Yukari Misuma

Ratio Decidendi

Given the potential for irreparable harm and absence of urgency, a short extension of time for compliance with existing orders was appropriate; stay and adjournment ordered to avoid prejudice pending further applications.

Court Disposition

Orders granted as sought for extension and stay; motion otherwise stood over; costs reserved

Orders

  • Time for compliance by the second respondent with order to file affidavit of assets extended up to 3 November 1999
  • Stay of notification to financial institutions regarding Mrs Yukari Misuma up to 3 November 1999