Warea Pty Ltd & Anor v Waterloo Industries Pty Ltd (t/as Deltrite Financial Services & Ors) [1986] FCA 14

Warea Pty Ltd & Anor v Waterloo Industries Pty Ltd (t/as Deltrite Financial Services & Ors) [1986] FCA 14

A prima facie case under s.52 of the Trade Practices Act has been established, with evidence suggesting fraud and a risk of removal of assets, justifying the grant of a Mareva injunction.

Parties
First Applicant: WAREA Pty. Ltd.; Second Applicant: STRIPE Limited; First Respondent: WATERLOO INDUSTRIES Pty. Ltd. trading as Deltrite Financial Services; Second Respondent: William Leonard Armstrong; Third Respondent: Lisa N. Virba; Fourth Respondent: Robert Wayne Collins
Jurisdiction
Australia
Judgment Date
24 January 1986
Procedural Posture
Application for Mareva Injunction / Ex Parte Interlocutory Hearing
Outcome
Mareva injunction granted for a limited period.
Legal Topics
Misleading Conduct, Mareva Injunction
Trade Practices Misleading Conduct Mareva Injunction

Case Brief

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Parties

WAREA Pty. Ltd.

First Applicant

STRIPE Limited

Second Applicant

WATERLOO INDUSTRIES Pty. Ltd. trading as Deltrite Financial Services

First Respondent

William Leonard Armstrong

Second Respondent

Lisa N. Virba

Third Respondent

Robert Wayne Collins

Fourth Respondent

Procedural Posture

Application for Mareva Injunction / Ex Parte Interlocutory Hearing

Legal Issues

  1. 1 Whether respondents engaged in misleading conduct under s.52 of the Trade Practices Act.
  2. 2 Whether applicants have shown sufficient risk of removal of assets to justify Mareva injunction.

Ratio Decidendi

A prima facie case under s.52 of the Trade Practices Act has been established, with evidence suggesting fraud and a risk of removal of assets, justifying the grant of a Mareva injunction.

Court Disposition

Mareva injunction granted for a limited period.

Orders

  • The first respondent is restrained until 5 p.m. on 3 February 1986 or until further order from selling, disposing, charging, encumbering, or dealing with real property held anywhere in Australia; withdrawing money from bank accounts to which it is beneficially entitled; disposing of or dealing with other assets to...
  • The second respondent is restrained until 5 p.m. on 3 February 1986 or until further order from selling, disposing, charging, encumbering, or dealing with real property held anywhere in Australia; withdrawing money from bank accounts to which he is beneficially entitled other than an amount not exceeding $200.00 per...