Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Koops [2010] FCA 20 Citation: Australian Securities and Investments Commission v Koops [2010] FCA 20
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ROLF KOOPS and SANDRA MARTIN
File number: NSD 40 of 2010
Judge: STONE J
Date of judgment: 25 January 2010
Catchwords: CORPORATIONS – Corporations Act 2001 (Cth) – ss 1323(1)(j) & (k) – application for surrender of passports pending conduct of ASIC investigation – likelihood of defendants seeking to avoid future obligations as a result of investigation
Legislation: Corporations Act 2001 (Cth), ss 1323(1)(j) and (k)
Cases cited: Australian Securities and Investments Commission; in the mater of Richstar Enterprises Pty Ltd v Carey (No 19) (2008) 65 ACSR 421
Date of hearing: 22 January 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 25
Solicitor for the Plaintiff: J Moore, Australian Securities and Investments Commission
Solicitor for the Defendants: Heckenberg & Koops Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 40 of 2010
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Plaintiff
AND: ROLF KOOPS
First Defendant
SANDRA MARTIN
Second Defendant
JUDGE: STONE J
DATE OF ORDER: 25 JANUARY 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The first defendant, Rolf Koops, deliver up all passports in his name which are in his possession, custody or control and any tickets for international travel by him to the Sydney Registry of this Court by 12 noon Eastern Summer Time on Wednesday, 27 January 2010 to be retained by the Court until and including 31 May 2010 or until further order. 2. The first defendant, Rolf Koops, be restrained from leaving Australia without the consent of the Court until and including 31 May 2010 or until further order. 3. The second defendant, Sandra Martin, deliver up all passports in her name which are in her possession, custody or control and any tickets for international travel by her to the Sydney Registry of this Court by 12 noon Eastern Summer Time on Wednesday, 27 January 2010 to be retained by the Court until and including 31 May 2010 or until further order. 4. The second defendant, Sandra Martin, be restrained from leaving Australia without the consent of the Court until and including 31 May 2010 or until further order. 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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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