Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Daws [2006] FCA 723 CORPORATIONS – banning order – appeal from tribunal decision to substitute enforceable undertaking – motion to stay entry into enforceable undertaking pending appeal – undertaking by subject of order to withdraw undertaking on court direction if appeal succeeds – in circumstances no apparent reason to grant stay to secure the effectiveness of the hearing and determination of the appeal Held: motion for stay refused Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44(1), 44A, 44A(2), 44(4), 45(4) Australian Securities and Investments Commission Act 2001 (Cth) s 93A(1), 93AA Corporations Act 2001 (Cth) ss 920D, 920E, 920E(1), 922A Broadbent v Civil Aviation Safety Authority [1999] FCA 1871 Director-General of Social Services and Health v Hangan (1982) 70 FLR 212 Federal Commissioner of Taxation v Myer Emporium Ltd [No.1] (1986) 160 CLR 220 Gray v Minister for Immigration, Local Government and Ethnic Affairs (No 2) (1992) 39 FCR 526 Minister for Immigration and Ethnic Affairs v Gungor (1982) 42 ALR 209 Morales v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 374 AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v CHRISTOPHER JOHN DAWS WAD 102 of 2006 NICHOLSON J 24 MAY 2006 PERTH (via video-link to Sydney)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 102 OF 2006
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Applicant
AND: CHRISTOPHER JOHN DAWS
Respondent
JUDGE: NICHOLSON J
DATE OF ORDER: 24 MAY 2006
WHERE MADE: PERTH (via video-link to Sydney)
THE COURT ORDERS THAT: 1. The applicant's notice of motion for stay is refused. 2. The applicant pay the respondent's costs of and incidental to the motion, to be taxed if not agreed. 3. Counsel to advise the Court of unavailable dates from now to the end of the year and estimates of likely duration of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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