Casmif Pty Ltd v Farrow Mortgage Services Pty Ltd [1992] QSC 243
TRANSCRIPT OF PROCEEDINGS
State Reporting Bureau,
4th F1oor, The Law Courts,
George Street,
BRISBANE. Q. 400Q
Tel. (07) 227.4360
(Copyright in this transcript is vested in the Crown. Copies thereof must not
be made or sold without the written authority of the Director, State Reporting
Bureau.)
~-,,
\ SUPREME COURT OF QUEENSLAND
' CIVIL. JURISDICTION
c THOMAS J
No 1136 of 1990
CASMIF PTY LTD · Plaintiff
( and
FARROW·MORTGAGE SERVICES PTY LTD Defendant
BRISBANE
.. DATE 1 /7/92
.. ORDER.
1
-- 1 of 3 --
010792
ORDER
HIS
HONOd~:
In
this
matter
I
shall'simply
record
the
fact
that.
I. consider
that
the
pres~n:t
'ci:t:'cumsf~mces
are
q{.li
te
. . . '
different
from
those
which
prevailed
when
Mr
Justice
Byrne
made
his
order
on
31
August 1990.
Further,
different rights
are
involved.
I
do
not
think there
is
any
serious
question
to
be
tried
as
to
the
receiver's
entitlement to
appoint
receivers in respect of
the
plaintiff.
·Accordingly,
I am
not prepared
to
grant the
additional injunction
and
restraint
which
the
notice
of
motion
of
16
June
1992
seeks.
I
would add
that
on
the balance of
convenience,
in
view
of the
undertakings
that
are
now
offered
on
behalf
of the respondent
receivers,
the balance
of
convenience
would,
at this
stage,
be
against the
making
of
any
further
order of the kind sought.
The
undertaking
on
behalf of the respondent
receivers
is
not
to
sell
the property referred to
as the Sportsman's
Warehouse
until
the determination of the action
and
a
further
undertaking
that in the discharge of
their
functions as the
receivers
and managers
of the
plaintiff
company,
they
will
take
no
active part in the giving of instructions or taking of
advice
by
the
plaintiff
in respect of the
plaintiff's
claim in
this action
and
that
they
will not knowingly impede
the
conduct of that action
by
the
plaintiff
or
its directors.
On
those undertakings, the motion of
16 June 1992
will be
2
iO
20
(J
0
30
0
40
0
50
60
-- 2 of 3 --
010792
dismissed.
I
think
that
the appropriate order
for costs
will
be
to
make
the
second
defendant
respondent's costs costs in
the
cause
and
make
no
other
order
with
respect to
the
costs
of
this
10
application~
20
(
30
(
40
50
60
3
-- 3 of 3 --
Official source: https://www.sclqld.org.au/caselaw/QSC/1992/243