This decision related to the question of penalty in respect of the appellant. The appellant had succeeded in the primary appeal in setting aside declarations that he had breached duties as an “officer” of the relevant company, on the basis that he was not an officer at the time on the basis of the case pleaded by ASIC. However, the Court of Appeal did not disturb declarations made by the primary judge that the appellant had been knowingly involved in the contraventions of the company.
The appeal concerned whether the Court’s conclusion that Mr King was not an “officer” of a company should alter orders made by the primary judge.
The judgment can be viewed here.