AUSTRALIAN SECURITIES COMMISSION v GARY JAMES WALL [2018] FCA 1819

FEDERAL COURT OF AUSTRALIA

COSTS - respondent consents to final relief - which costs should be paid in that event

AUSTRALIAN SECURITIES COMMISSION v GARY JAMES WALL VG 3217 of 1998

FINKELSTEIN J 30 JUNE 1998 MELBOURNE

NO QUESTION OF PRINCIPLE

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VG 3217 of 1998

BETWEEN: AUSTRALIAN SECURITIES COMMISSION

Applicant

AND: GARY JAMES WALL Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 30 JUNE 1998 WHERE MADE: MELBOURNE

THE COURT DECLARES THAT:

1.

Pursuant to s 1324 of the Corporations Law an offer to participate in the ostrich breeding and agistment scheme in the letter dated 10 June 1998 constitutes a right to participate in a common enterprise, in relation to which the holder of the right or interest is led to expect profits, rent or interest from the efforts of the promoter of the enterprise or a third party as defined by s 9 of the Corporations Law.

THE COURT ORDERS THAT:

2.

Pursuant to subsection 1324(1) of the Corporations Law the respondent and any other person acting on his behalf is: (a) restrained from disseminating the letter dated 10 June 1998 (Exhibit CSG 11 to the affidavit of Colin Grant sworn on 26 June 1998), written by Gary James Wall or any like letter inviting expressions of interest in the ostrich agistment and breeding scheme as proposed in the said letter; and (b) restrained and prohibited from responding to expressions of interest received from potential investors in response to the said letter dated 10 June 1998.

Pursuant to subsection 1324(4) of the Corporations Law, the respondent shall within 14 days prepare and swear an affidavit providing the Australian Securities Commission with the names and addresses of those people to whom the said letter dated 10 June 1998 was sent and the names of those who replied to the said letter expressing interest in the ostrich agistment and breeding scheme.