Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission, In the Matter of Richstar
Enterprises Pty Ltd (ACN 099 071 968) v Carey (No 3) [2006] FCA 433
CORPORATIONS – appointment of receivers to property of directors and officers of corporate group – members of corporate group – pending investigation by Australian Securities and Investments Commission – possible contraventions of Corporations Act 2001 (Cth) – possible liabilities of defendants to third parties – nature of application for freezing orders and appointment of receivers – nature of evidence that may be received on such application – evidence of wide spread and serious misconduct in operation of affairs of group – orders necessary and desirable – receivers appointed Corporations Act 2001 (Cth) s 1323, s 184, s 588G Australian Securities and Investments Commission Act 2001 (Cth) s 13(1), 13(6) Evidence Act 1995 (Cth) s 75 Australian Securities and Investments Commission, In the Matter of Richstar Enterprises Pty Ltd (ACN 099 071 968) v Carey [2006] FCA 366 cited Lone Star Exploration NL v Corporate Affairs Commission (1988) 6 ACLC 1108 Cited ASIC v Mauer-Swisse Securities Ltd (2002) 20 ACLC 1530 cited CAC v Lone Star Exploration NL (1988) 14 ACLR 499 cited Corporate Affairs Commission v ASC Timber Pty Ltd (1989) 7 ACLC 467 cited Australian Securities and Investments Commission v Adler (2001) 38 ACSR 266 cited ASIC v Burke [2000] NSWSC 694 cited
IN THE MATTER OF RICHSTAR ENTERPRISES PTY LTD (ACN 099 071 968); WESTPOINT REALTY PTY LTD (ACN 050 218 954); BOWESCO PTY LTD (ACN 008 915 357); REDCHIME PTY LTD (ACN 117 947 805) AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v NORMAN PHILLIP CAREY, GRAEME JOHN RUNDLE, CEDRIC RICHARD PALMER BECK, JOHN NORMAN DIXON, RICHSTAR ENTERPRISES PYT LTD (ACN 099 071 968), WESTPOINT REALTY PTY LTD (ACN 050 218 954) and BOWESCO PTY LTD (ACN 008 915 357) and REDCHIME PTY LTD (ACN 117 947 805) WAD 83 OF 2006 FRENCH J 20 APRIL 2006 PERTH
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