Australian Securities and Investment Commission v Burton-Clay [2003] FCA 111

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investment Commission v Burton-Clay [2003] FCA 111 INJUNCTION – infringement of statute – consideration to be taken into account Australian Securities and Investment Commission Act 2001 (Cth)ss12DA, 12GD Corporations Act 2001 (Cth) Ch 7 Attorney-General v Chaudry [1971] 3 All ER 938 cited Attorney-General v Harris [1961] 1 QB 74 cited Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 1387 distinguished Burnley Borough Council v England (1977) 76 LGR 393 cited Gee v Pritchard (1818) 36 ER 670 cited Gouriet v Union of Post Office Workers [1978] AC 435 referred to Institute of Patent Agents v Lockwood [1894] AC 347 cited Peek v New South Wales Egg Corporation (1986) 6 NSWLR 1 cited Ramsay v Aberfoyle Manufacturing Co. (Australia) Pty Ltd (1935) 54 CLR 230 cited Robinson v Adams [1925] 1 DLR 359 cited AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v JOHN RAYMOND BURTON-CLAY (TRADING AS MAINE INSURANCE) and JEAN GEMMELL V 867 of 2002 FINKELSTEIN J 25 FEBRUARY 2003 SYDNEY (via video link to Melbourne)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 867 of 2002

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: JOHN RAYMOND BURTON-CLAY (TRADING AS MAINE INSURANCE) and JEAN GEMMELL

Defendants

JUDGE: FINKELSTEIN J

DATE OF ORDER: 21 FEBRUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS BY CONSENT THAT:

1. The first defendant;

(a) will, within 7 days of the date of this Order, open a new account with North West Country Credit Union Co-operative Limited styled 'John Burton-Clay trading as Maine Insurance - Refund Account' ("the Refund Account"), to which the first defendant is to be the sole signatory, and transfer into the Refund Account the sum of $213,430.08 the balance of the Refund Account at the expiry of 6 years from the date of this Order becomes the sole property of the first defendant subject to Order 1(f) herein;