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…
12-3-19 / Damian Clothier KC, Bianca Kabel — Contract, Corporations, Corporate Insolvency & Bankruptcy
This judgment concerned a number of applications to strike out the claim and statement of claim, and for security for costs, made by the various defendants. The Court struck out a substantial number of paragraphs of the statement of claim as being deficient, granting leave to replead. In the case…
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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