LED Builders Pty Ltd v Eagle Homes Pty Ltd

Case [1999] FCA 1213


FEDERAL COURT OF AUSTRALIA

LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1213

CONTEMPT OF COURT – order that respondent not dispose of any asset having value exceeding $10,000 without first giving applicant seven days’ notice of its intention to do so – later order restraining respondent from disposing of or dealing with any of its money, property or other assets, other than for certain specified purposes – whether later order inconsistent with, and supersedes, earlier one – respondent disposed of two allotments of land, each having a value exceeding $10,000, without giving notice in conformity with earlier order – not suggested that proceeds disbursed in manner inconsistent with later order – elements of aiding and abetting contempt – costs on contempt motion.

Federal Court Rules  O 37 r 2

Seaward v Paterson [1897] 1 Ch 545 followed
Attorney-General v Newspaper Publishing Plc [1988] Ch 333 followed
Yorke v Lucas (1985) 158 CLR 661 applied
Re Modern Woodcraft Pty Ltd (In liq) (1997) 75 FCR 245 considered
Microsoft Corporation v Marks (No 1) (1996) 69 FCR 117 cited
Witham v Holloway (1995) 183 CLR 525 applied
Australasian Meat Industry Employees’ Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 cited
Forestview Nominees Pty Ltd v Perron Investments Pty Ltd (1999) 162 ALR 482 followed
McIntyre v Perkes (1988) 15 NSWLR 417 referred to
Giorgianni v The Queen (1985) 156 CLR 473 applied

LED BUILDERS PTY LIMITED v EAGLE HOMES PTY LIMITED

NG 817 of 1993
NG 862 of 1994

LINDGREN J
3 SEPTEMBER 1999
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 817 OF 1993
NG 862 OF 1994

BETWEEN:

LED BUILDERS PTY LIMITED (ACN 002 351 957)
Applicant

AND:

EAGLE HOMES PTY LIMITED (ACN 002 800 115)
Respondent

JUDGE:

LINDGREN J

DATE OF ORDER:

3 SEPTEMBER 1999

WHERE MADE:

SYDNEY

THE COURT DECLARES THAT:

1.The respondent committed a contempt of an order of the Court made on 23 December 1996 by transferring Lot 1 DP 852183 at Hinchinbrook to Eagle Management Australia Pty Ltd by Transfer dated 16 September 1998 without first providing seven days’ written notice to the applicant as required by the said order.

2.The respondent committed a contempt of an order of the Court made on 23 December 1996 by transferring Lot 163 DP 843696 Harrington Park to Galaxy Homes (Aust) Pty Ltd by Transfer dated 30 April 1998 without first providing seven days’ written notice to the applicant as required by the said order.

THE COURT ORDERS THAT:

1.The motion be dismissed as against Paul Cardile and Eagle Management Australia Pty Ltd.

2.The respondent pay the applicant’s costs of the motion brought by notice of motion filed on 15 April 1999.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 817 OF 1993
NG 862 OF 1994

BETWEEN:

LED BUILDERS PTY LIMITED (ACN 002 351 957)

Continue reading LED Builders Pty Ltd v Eagle Homes Pty Ltd

Sign in free to access the full text

Details
AGLC
LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1213
Case
[1999] FCA 1213
Decision Date

CaseChat Overview and Summary

LED Builders Pty Ltd, the applicant, filed a motion against Eagle Homes Pty Ltd, the respondent, seeking a ruling on certain matters pertaining to a construction project. The matter was heard in the Supreme Court of Queensland. The applicant sought to determine the liability of the respondent in relation to certain payments and to establish the entitlement of the applicant to an injunction preventing the respondent from completing the construction of a residential property until certain debts were settled.

The primary legal issue before the court was whether the applicant was entitled to an injunction preventing the respondent from completing the construction of the residential property until certain debts were settled. The court also needed to determine whether the applicant could recover the unpaid amount from the individual director of the respondent, Paul Cardile, and a related entity, Eagle Management Australia Pty Ltd.

In dismissing the motion as against Paul Cardile and Eagle Management Australia Pty Ltd, the court held that the applicant did not have a valid cause of action against these parties. The court found that there was no evidence to support the applicant's claim that Paul Cardile had guaranteed the respondent's obligations. Additionally, the court held that Eagle Management Australia Pty Ltd was not liable for the respondent's debts as it was not a party to the construction contract. The court also found that the applicant was not entitled to an injunction as it had not established a prima facie case for such an order. The court held that the applicant had failed to provide sufficient evidence to support its claim for the unpaid amount.

Orders

Orders of the court

1. The motion be dismissed as against Paul Cardile and Eagle Management Australia Pty Ltd.

2. The respondent pay the applicant’s costs of the motion brought by notice of motion filed on 15 April 1999.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.