Platcher, in the matter of Platcher v Joseph [2003] FCA 9

FEDERAL COURT OF AUSTRALIA

Platcher, in the matter of Platcher v Joseph [2003] FCA 9 BANKRUPTCY – annulment of bankruptcy

COMPANY LAW - insolvent under administration - not to manage a corporation without leave of Court – disqualification from managing a corporation – repeated contraventions of the Corporations Act 2001 (Cth) – relevant prohibitions designed to protect the public – whether disqualification justified Corporations Act 2001 (Cth) ss 206A, 206E, 1330 and Pt 10 Corporations Law s 229(1) Bankruptcy Act 1966 (Cth) s 153B

Ozer v Australian Liquor Marketers Pty Ltd [2001] FCA 1197 cited MacDonald v Official Trustee in Bankruptcy (2001) 107 FCR 72 at 73 cited Re Wakim; ex parte McNally (1999) 198 CLR 511 cited R v Hughes (2000) 202 CLR 535 cited Australian Securities and Investments Commission v Parkes (2001) 38 ACSR 355 cited Poyser v Commissioner for Corporate Affairs [1985] VR 533 cited Commissioner for Corporate Affairs v Bracht [1989] VR 821 followed Re Minimix Industries Ltd (1992) 1 ACLR 511 cited Re Marsden (1981) 5 ACLR 694 cited Commissioner for Corporate Affairs v Ekamper (1987) 12 ACLR 519 cited Australian Securities Commission v Roussi (1999) 32 ASCR 568 cited Australian Securities Commission v Forem Freeway Enterprises [1999] FCA 179 cited

IN THE MATTER OF CHARLES EDWARD PLATCHER V JOSEPH N 7032 OF 2002 AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION v CHARLES EDWARD PLATCHER N 3019 OF 2002 STONE J 13 JANUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3019 OF 2002

BETWEEN: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION

APPLICANT

AND: CHARLES EDWARD PLATCHER

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 13 JANUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 206E of the Corporations Act 2001 (Cth)the respondent is disqualified from managing corporations for a period of 25 years from the date of these orders. 2. The respondent be responsible for the costs of this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.