Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Quinlivan v Australian Securities and Investments Commission [2010] FCAFC 161 Citation: Quinlivan v Australian Securities and Investments Commission [2010] FCAFC 161
Appeal from: Quinlivan and Australian Securities and Investments Commission [2010] AATA 113
Parties: DUDLEY JAMES QUINLIVAN v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number: QUD 78 of 2010
Judges: DOWSETT, GREENWOOD AND GILMOUR JJ
Date of judgment: 23 December 2010
Catchwords: CORPORATIONS – disqualification under s 206F of the Corporations Act 2001 (Cth) – whether and how delay in issuing show cause notice relevant – relevance and significance of failure of related companies – whether and how conduct in relation to companies not specified in show cause notice relevant
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Corporations Act 2001 (Cth)
Cases cited: Culley v Australian Securities and Investments Commission (2010) 183 FCR 279 approved Culley v Australian Securities & Investment Commission [2010] HCASL 282 cited Kardas v Australian Securities Commission (1998) 53 ALD 303 discussed
Date of hearing: 12 August 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 47
Counsel for the Appellant: Mr I Temby QC with Mr G Radcliff
Solicitor for the Appellant: Robinson & Robinson
Counsel for the Respondent: Mr R Derrington SC with Mr D Chesterman
Solicitor for the Respondent: Australian Securities and Investments Commission Litigation Counsel
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