Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Reid (No 2) [2006] FCA 700
CONTEMPT OF COURT – sentencing – when term of imprisonment will be appropriate – respondent sentenced to imprisonment for nine months.
Australian Securities and Investments Commission v Reid [2005] FCA 1274 referred to Australasian Meat Industry Employees' Union v Mudginberri Station Proprietary Limited (1986) 161 CLR 98 cited Witham v Holloway (1995) 183 CLR 525 cited Australian Competition and Consumer Commission v Info4PC.com Pty Ltd (2002) 121 FCR 24 applied Australian Competition and Consumer Commission v World Netsafe Pty Ltd (2003) 204 ALR 537 applied McIntyre v Perkes & Another [1987] 15 NSWLR 417 cited AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v MAXWELL JOHN REID VID 3023 of 1992 LANDER J 8 JUNE 2006 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 3023 OF 1992
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
APPLICANT
AND: MAXWELL JOHN REID
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 8 JUNE 2006
WHERE MADE: ADELAIDE
THE COURT DECLARES THAT: 1. The respondent has committed a contempt of the Court in breaching paragraph 1 of the order of the Honourable Justice Jenkinson of this Court, made on 10 March 1992, wherein the respondent was prohibited from managing corporations until 10 August 2036, by being involved in the management of the following corporations during the periods mentioned: 1.1 Battstone Australia Pty Ltd between about 3 March 2003 and 3 June 2003; and 1.2 Australian Marble Pty Ltd between about 1 February 2003 and 14 July 2003. 2. The respondent has committed a contempt of this Court in breaching an oral undertaking provided to the Honourable Justice Kenny on 8 October 2001 that he would not be involved in the management of a company in any form at all in the future, by being involved in the management of the following corporations during the periods mentioned: 2.1 Battstone Australia Pty Ltd between about 3 March 2003 and 3 June 2003; and 2.2 Australian Marble Pty Ltd between about 1 February 2003 and 14 July 2003.
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