Jarbad (No 3) P/L (in Liquidation) v a Long & Ors

Jarbad (No 3) P/L (in liquidation) sought an injunction against its former director, Anthony Long, and other parties, restraining them from dealing with property except in the ordinary course of business. The dispute arose from the use of the company's account by the director to repay a personal loan, with the liquidator seeking contempt proceedings against the director for breaching the injunction. The matter was heard in the Supreme Court of Queensland.

The legal issues before the court included whether the injunction was sufficiently clear and precise to be enforceable, and if the director's use of the company account to repay his personal loan constituted a breach of the injunction. The court also needed to determine whether the liquidator had established contempt on the part of the director.

The court held that the injunction was clear and enforceable, as it specified the types of property and the manner in which they could be dealt with. However, the court found that the director's use of the company account to repay his personal loan did not constitute a breach of the injunction, as there was no evidence that the company was unable to pay its debts. The court also held that the liquidator had not established contempt on the part of the director.

As a result, the court dismissed the application for contempt against the director. The court did not make any specific orders, but the liquidator's application for contempt was dismissed.