Tasman KB Pty Limited v Watkins

FEDERAL COURT OF AUSTRALIA

Tasman KB Pty Limited v Watkins [2004] FCA 1190

TASMAN KB PTY LIMITED v THOMAS DOUGLAS WATKINS
N 1313 of 2004

ALLSOP J
8 SEPTEMBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1313 of 2004

BETWEEN:	TASMAN KB PTY LIMITED APPLICANT
AND:	THOMAS DOUGLAS WATKINS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	8 SEPTEMBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to section 50 of the Bankruptcy Act 1996, Schon Condon, a registered trustee, take control of the property of the respondent debtor, Thomas Douglas Watkins, until a sequestration order under section 43 of the Bankruptcy Act 1966 is made or until the disposition otherwise of the creditor’s petition herein.

2.The respondent debtor, Thomas Douglas Watkins, before 10 am on 15 September 2004, take all necessary and available steps including the granting of any necessary permissions to deliver to Schon Condon at Level 1, 34 Charles Street, Parramatta, NSW, 2150, all books, documents, papers and writings in his possession or power relating to his property and affairs.

3.The respondent debtor, Thomas Douglas Watkins, be restrained, without prior approval of the court, from paying, lending or depositing any monies with, or transferring or delivering any property to, any person, company or entity.

4.The respondent debtor, Thomas Douglas Watkins, be restrained without the prior approval of the Court, from transferring, sending, or taking moneys or other property out of Australia.

5.Without limitation of orders 3 and 4:

5.1the respondent debtor, Thomas Douglas Watkins, be restrained either by himself or by his servants or agents from selling, mortgaging or otherwise dealing with or disposing of or permitting to be sold, charged, mortgaged or otherwise dealt with or disposed of, all or any of his assets within the States of New South Wales, Victoria and Queensland and including, but not limited to the following properties:

(a)the property known as 2A Constitution Court, Carlingford in the State of New South Wales being the land comprised in certificate of title folio identifier 501/227481;

(b)the land comprised in certificate of title lot 392, survey plan 126913 and known as 10 Straite Drive, Robina, Queensland,

5.2the respondent debtor, Thomas Douglas Watkins, be restrained by himself and by his servants or agents from withdrawing any monies from any accounts held with a bank or other financial institution including, but not limited to the following:

(a)accounts held with Westpac Banking Corporation;

(b)accounts held with National Australia Bank Limited;

(c)accounts held with Commonwealth Bank of Australia or ANZ Banking Group Ltd; and

(d)accounts held with Tabcorp Holdings Limited and TAB Limited,

5.3the respondent debtor, Thomas Douglas Watkins, be restrained by himself and his servants or agents from dealing with or disposing of the following:

(a)the foundation plan he holds with Westpac Financial Services Limited;

(b)monies held under any superannuation policy.

6.Orders 1, 3, 4 and 5 shall not prevent the respondent debtor, Thomas Douglas Watkins, from paying to the National Australia Bank Limited monthly mortgage repayments of no…