11-3-20 / Bianca Kabel — Corporations, Appellate
An appeal concerning the proper construction of the definition of “officer” in s 9 of the Corporations Act and, in particular, the phrase “capacity to affect significantly the corporation’s financial standing” in s 9(b)(ii) of the Act. Bianca Kabel (with D F Jackson) appeared for the first respondent, instructed by…
18-6-19 / Damian Clothier KC, Bianca Kabel — Corporations, Appellate
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…
18-12-18 / Damian Clothier KC, Bianca Kabel — Appellate, Corporations
The Australian Securities and Investments Commission (“ASIC”) brought a civil penalty case against MFS Investment Management Ltd (“MFSIM”) and various directors, officers and employees of the MFS Group of companies. The primary judge found that MFSIM, the responsible entity for the Premium Income Fund (“PIF”), caused payments of $130 million…
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