Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oreb v Australian Securities and Investments Commission (No 2) [2017] FCAFC 49 Appeal from: Oreb v Australian Securities and Investments Commission [2016] FCA 321
File number: NSD 574 of 2016
Judges: RARES, DAVIES AND GLEESON JJ
Date of judgment: 24 March 2017
Catchwords: CORPORATIONS – appeal from a decision denying judicial review – meaning of the phrase "each of the corporations was wound up" in s 206F(1)(a)(ii) of the Corporations Act 2001 (Cth) – whether s 206F(1)(a)(ii) requires that a liquidator's report under s 533(1) of the Act be lodged while the relevant person was an officer of the relevant corporation or within 12 months after the person has ceased to be an officer of that corporation – appeal dismissed ADMINISTRATIVE LAW – appeal from a decision denying judicial review – review sought of decision by Australian Securities and Investment Commission ("ASIC") to issue show cause notices pursuant to s 206F(1)(b)(i) of the Corporations Act 2001 (Cth) – existence of jurisdictional fact – whether it is a precondition of the exercise of ASIC's power under s 206F(1)(b)(i) that the relevant corporation be completely wound up, as opposed to commenced to be wound up, while the relevant person is an officer of the relevant corporation or within 12 months of the time that the relevant person ceased to be an officer of the relevant corporation – whether it is a precondition of the exercise of ASIC's power under s 206F(1)(b)(i) that the liquidator lodge a s 533(1) report while the relevant person is an officer of the relevant corporation or within 12 months of the relevant person ceasing to be an officer of that corporation – appeal dismissed STATUTORY INTERPRETATION – meaning of the phrase "each of the corporations was wound up" in s 206F(1)(a)(ii) of the Corporations Act 2001 (Cth) – whether s 206F(1)(a)(ii) requires that a liquidator's report under s 533(1) of the Act be lodged while the relevant person was an officer of the relevant corporation or within 12 months after the person has ceased to be an officer of that corporation
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