Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission v Citrofresh International Ltd (ACN 064 551 426) [2007] FCA 1873
CORPORATIONS – where company sent "ASX Release" to stock exchange containing misleading and deceptive statements in relation to disinfectant products supplied by company – whether chief executive of company liable under Corporations Act 2001 (Cth) s 1041H for engaging in conduct "in relation to" a financial product or financial service that was misleading or deceptive or likely to mislead or deceive – releases referring to disinfectant products not notices, statements or representations "in relation to" shares and securities in the company – chief executive not liable as a principal.
WORDS AND PHRASES – in relation to
Corporations Act 2001 (Cth): ss 79, 180(1), 769C, 1041H, 1041J, 1317E Financial Services Reform Act 2001 (Cth) Revised Explanatory Memorandum, Financial Services Reform Bill
Tooheys Limited v Commissioner of Stamp Duties (NSW) (1961) 105 CLR 602, applied Australian Competition and Consumer Commission v Maritime Union of Australia (2001) 114 FCR 472, cited Joye v Beach Petroleum NL (1996) 67 FCR 275, cited Pico Holdings Inc v Voss [2004] VSC 263, considered Houghton v Arms (2006) 225 CLR 553, distinguished Standard Chartered Bank v Pakistan National Shipping Corporation [No 2] [2003] 1 AC 959, distinguished Arktos Pty Ltd v Idyllic Nominees Pty Ltd (2004) ATPR 42‑005, distinguished Oceanic Life Ltd v Chief Commissioner of Stamp Duties (1999) 168 ALR 211, cited The Workers' Compensation Board of Queensland v Technical Products Pty Ltd (1988) 165 CLR 642, cited Technical Products Pty Ltd v State Government Insurance Office (Queensland) (1989) 167 CLR 45, cited
D C Pearce and R S Geddes, Statutory Interpretation in Australia (6th ed, 2006), pp 359‑367
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