IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

 W243 OF 2000

BETWEEN:

DONALD COLIN MCINTYRE (FOR AND ON BEHALF OF HIMSELF AND PATRICIA ANN MCINTYRE AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION)

APPLICANT

DONALD COLIN MCINTYRE AND PATRICIA ANN MCINTYRE TRADING AS VICTORIA PARK TRAVELWORLD (SHOP 24)

First Group Member

PAUL STANLEY SCRUTTON AND BEVERLEY MAUREEN SCRUTTON TRADING AS PHOTOMAT VICTORIA PARK (SHOP 20)

Second Group Member

DENNIS BEAUMONT AS TRUSTEE FOR THE BEAUMONT FAMILY TRUST TRADING AS INNERSPIN COMPACT DISC S (SHOP 8)

Third Group Member

KERRY GEORGE AND FREDERICK WILLIAM GEORGE TRADING AS THE HEART COFFEE LOUNGE (SHOP 21)

Fourth Group Member

PHIMCHAI SMITH TRADING AS PHUKET THAI RESTAURANT (SHOP 44)

Fifth Group Member

KENNETH JECKS AND IRENE FUSSELL TRADING AS PLAYFUL PETS (SHOP 31)

Sixth Group Member

ARMIN PODGORNY AND SABINA PODGORNY TRADING AS GOURMET AVIGNON (SHOP 33)

Seventh Group Member

DAVID THAMBIPILLAI TRUSTEE FOR THE NEW DAY TRUST TRADING AS CURRY BOWL INDIAN TAKEAWAY (SHOP 45)

Eighth Group Member

BRENDAN REIDY-CROFT CEASED TRADING AS ZIPPY MULTI SERVICES (SHOP 47)

Ninth Group Member

MILAN SIMIC AND ANNA SIMIC TRADING AS MARTINS SKEWERS (SHOP 10)

Tenth Group Member

ALLAN AND HELEN LAWRENCE CEASED TRADING AS HAVA LOOK DISCOUNTS (SHOP 23)

Eleventh Group Member

KIM LIEN LAM TRADING AS FAIRY PATISSERIE (SHOP 26)

Twelfth Group Member

THIONG AIK GAN AND BEE TIN TAN TRADING AS TEONGBEE MALAYSIAN FOODS (SHOP 42)

Thirteenth Group Member

SHIRLEY JANE FRUDE CEASED TRADING AS AZALEA FLORIST AND GIFT BASKET (SHOP 9)

Fourteenth Group Member

AND:

EASTERN PROSPERITY INVESTMENTS PTE LTD

(ACN 065 747 006)

FIRST RESPONDENT

DBF PROPERTY HOLDINGS PTY LTD (ACN 082 702 103) AS TRUSTEE FOR THE FREARSON FAMILY TRUST

SECOND RESPONDENT