Darede Nominees Pty Ltd v Caboolture 24 Hour Medical Centre Pty Ltd [1987] FCA 397

Darede Nominees Pty Ltd v Caboolture 24 Hour Medical Centre Pty Ltd [1987] FCA 397

The Court refused to order disclosure of information about the assets of the first and fifth respondents, holding there is no practical benefit in making such an order given the circumstances and the manner in which the companies conduct their affairs.

Parties
Applicant: Darede Nominees Pty. Ltd.; First Respondent: Caboolture 24 Hour Medical Centre Pty. Ltd.; Second Respondent: Geoffrey Walter Edelsten; Third Respondent: Leanne Margaret Edelsten; Fourth Respondent: Stephen Francis Weller; Fifth Respondent: Ralema Pty. Ltd.
Jurisdiction
Australia
Judgment Date
10 July 1987
Procedural Posture
Application / Order on Application for Disclosure of Information
Outcome
application for disclosure of information dismissed; costs reserved
Legal Topics
Mareva Injunction, Application for Disclosure of Information, Security for Loan
Civil Procedure Mareva Injunction Application for Disclosure of Information Security for Loan

Case Brief

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Parties

Darede Nominees Pty. Ltd.

Applicant

Caboolture 24 Hour Medical Centre Pty. Ltd.

First Respondent

Geoffrey Walter Edelsten

Second Respondent

Leanne Margaret Edelsten

Third Respondent

Stephen Francis Weller

Fourth Respondent

Ralema Pty. Ltd.

Fifth Respondent

Procedural Posture

Application / Order on Application for Disclosure of Information

Legal Issues

  1. 1 Whether the Court should order the first and fifth respondents to disclose information about their assets.

Ratio Decidendi

The Court refused to order disclosure of information about the assets of the first and fifth respondents, holding there is no practical benefit in making such an order given the circumstances and the manner in which the companies conduct their affairs.

Court Disposition

application for disclosure of information dismissed; costs reserved

Orders

  • The application for disclosure of information is dismissed.
  • The costs of the application are reserved.