The Plaintiffs sought in the Supreme Court a permanent stay of criminal prosecutions in the Magistrates Court regarding alleged breaches of the Corporations Act 2001 (Cth) and the Criminal Code 1899 (Qld). The contended bases for that relief included that success in the prosecutions required propositions to be established which had already been authoritatively resolved unfavourably to them in other proceedings.
The Plaintiffs and Defendants variously sought dismissal of each other’s case in the present proceedings. The Court granted a permanent stay of the Plaintiffs’ Supreme Court proceedings and granted the Commonwealth Director of Public Prosecutions and the Australian Securities and Investments Commission indemnity costs.
Matthew Hickey OAM and Salwa Marsh appeared with Hunter KC (and Ms Marsh previously with G Del Villar KC and M McKechnie) for the second and third defendants, instructed by Australian Government Solicitor.
Sarah Spottiswood appeared for the intervenor in 6350/21, instructed by Crown Law.
The judgment is published here.
