Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Groves; in the matter of ABC Learning Centres Limited (Administrators Appointed) (Receivers and Managers Appointed) [2009] FCA 915
CORPORATIONS – application by Australian Securities and Investments Commission (ASIC) for orders under s 1323 of Corporations Act 2001 (Cth) – undertakings proffered by defendants to ASIC and Court by consent and without admissions as to costs. Held – no order for costs made Corporations Act 2001 (Cth) s 1323 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin (1997) 186 CLR 622 followed Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 followed Australian Securities and Investments Commission v Krecichwost (2008) 219 FLR 235 distinguished IN THE MATTER OF ABC LEARNING CENTRES LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 079 736 664 AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v EDMUND STUART GROVES, VIRYAN COLLINS-RUBIE and FRANK GERARD ZULLO
NSD 607 of 2009
LINDGREN J
19 AUGUST 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 607 of 2009
IN THE MATTER OF ABC LEARNING CENTRES LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 079 736 664 BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Plaintiff
AND: EDMUND STUART GROVES
First Defendant
VIRYAN COLLINS-RUBIE
Second Defendant
FRANK GERARD ZULLO
Third Defendant
JUDGE: LINDGREN J
DATE OF ORDER: 19 AUGUST 2009
WHERE MADE: SYDNEY
THE COURT NOTES THAT:
1. There is no order as to costs as between the plaintiff and the first and second defendants, to the intent that those parties bear their own respective costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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