Janus, W. & Ors v A.G.C. (Advances) Ltd & Anor [1987] FCA 399

Janus, W. & Ors v A.G.C. (Advances) Ltd & Anor [1987] FCA 399

The Court found that the applicants demonstrated a sufficient basis to vary the earlier order, offering security (by way of undertakings relating to land and settlement rights) that adequately preserved the first respondent's security interest, justifying the continuation of the injunction subject to undertakings.

Parties
First Applicant: Walter Corneille Clementmarie Janus; Second Applicant: Winjan Pastoral Company Pty. Ltd.; Third Applicant: Tweed Canal Estates Pty. Ltd.; Fourth Applicant: Wingara Enterprises Pty. Ltd.; First Respondent: A.G.C. (Advances) Limited; Second Respondent: MacDonald Wagner Pty. Ltd.
Jurisdiction
Australia
Judgment Date
03 July 1987
Procedural Posture
General Civil / Interlocutory Application
Outcome
Order made varying previous interlocutory orders on undertakings; injunction to continue until further order; applicants to pay today's costs; leave granted to amend statement of claim.
Legal Topics
Injunction, Security for Costs, Variation of Orders
Civil Procedure Injunction Security for Costs Variation of Orders

Case Brief

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Parties

Walter Corneille Clementmarie Janus

First Applicant

Winjan Pastoral Company Pty. Ltd.

Second Applicant

Tweed Canal Estates Pty. Ltd.

Third Applicant

Wingara Enterprises Pty. Ltd.

Fourth Applicant

A.G.C. (Advances) Limited

First Respondent

MacDonald Wagner Pty. Ltd.

Second Respondent

Procedural Posture

General Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the conditions of a previous interlocutory order requiring payment should be varied and replaced with alternative security arrangements
  2. 2 Appropriateness of continuing the injunction on undertakings

Ratio Decidendi

The Court found that the applicants demonstrated a sufficient basis to vary the earlier order, offering security (by way of undertakings relating to land and settlement rights) that adequately preserved the first respondent's security interest, justifying the continuation of the injunction subject to undertakings.

Court Disposition

Order made varying previous interlocutory orders on undertakings; injunction to continue until further order; applicants to pay today's costs; leave granted to amend statement of claim.

Orders

  • That on undertakings as specified, the order of 26 June 1987 is varied by deleting order number 2 and replacing it with 'That the injunction so granted continue until further order.'
  • Within six weeks of 26 June 1987, $300,000 to be lodged in the Federal Court of Australia, Brisbane Registry or equivalent security to be provided to the satisfaction of the Registrar.