Australian Investments & Securities Commission v Eagle Inter-Link Pty Ltd [2002] FCA 1524

FEDERAL COURT OF AUSTRALIA

Australian Investments & Securities Commission v Eagle Inter-Link Pty Ltd [2002] FCA 1524 CONTEMPT – breach of order restraining invitation for or receipt of any investment in certain land – guilty plea – whether civil or criminal contempt – question of penalty – imprisonment Witham v Holloway (1995) 183 CLR 525 at 530 cited National Australia Bank Ltd v Juric [2001] VSC 375 at [163] followed

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v EAGLE INTER-LINK PTY LTD (IN LIQUID) (ACN 006 169 973) & Ors

V145 OF 2000 HEEREY J 5 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V145 OF 2000

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

APPLICANT

AND: EAGLE INTER-LINK PTY LTD (ACN 006 169 973) (In Liquidation)

FIRST RESPONDENT

DOLLAR AND D-MARK INVESTMENTS PTY LTD

(ACN 007 445 650) (In Liquidation)

SECOND RESPONDENT

EAGLE GROUP AUSTRALASIA PTY LTD (ACN 063 174 274) (In Liquidation)

THIRD RESPONDENT

GUILD OF PHILOSOPHERS LTD (ACN 053 269 944)

(In Liquidation)

FOURTH RESPONDENT

JAKOB HANS JOST

FIFTH RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 5 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The fifth defendant is convicted of contempt of court. 2. The fifth defendant is sentenced to one month's imprisonment, to be served at the completion of his current term. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V145 OF 2000