Australian Securities and Investments Commission v Warrenmang Limited [2007] FCA 973

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Warrenmang Limited [2007] FCA 973

CORPORATIONS – breach of directors' duties relating to the holding and application of funds raised in anticipation of public listing of company – where application monies not refunded to subscribers – where application monies applied for personal benefit DECLARATIONS – declarations of contravention under s 1317E of Corporations Act 2001 (Cth) – construction of Part 9.4B of Corporations Act 2001 (Cth) – intersection of provisions relating to civil and criminal process Corporations Act 2001 (Cth) ss 180, 181, 182, 722, 723, 724, 1317E Federal Court of Australia Act 1976 (Cth) ss 21, 23

Australian Securities and Investments Commission v Cash King Pty Ltd [2005] FCA 1429 referred to Australian Securities and Investments Commission v Intertax Holdings Pty Ltd [2006] QSC 276 referred to Australian Securities and Investments Commission v Maxwell (2006) 59 ACSR 373 referred to BMI Ltd v Federated Clerks Union of Australia (1983) 51 ALR 401 cited Maxwell v The Queen (1996) 184 CLR 501 cited Pearce v The Queen (1998) 194 CLR 610 cited Re One.Tel Ltd (in liq); Australian Securities and Investments Commission v Rich (2003) 21 ACLC 672 cited Rogers v The Queen (1994) 181 CLR 251 cited Williams v Spautz (1992) 174 CLR 509 cited AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v WARRENMANG LIMITED AND ROBERT GRAEME PRITCHARD VID 1278 OF 2006

GORDON J

29 JUNE 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1278 OF 2006

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: WARRENMANG LIMITED

First Defendant

ROBERT GRAEME PRITCHARD

Second Defendant

JUDGE: GORDON J DATE OF ORDER: 29 JUNE 2007