Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pacific Blue Securities Pty Ltd (ACN 136 973 521), In the matter of Pacific Blue Securities Pty Ltd (ACN 136 973 521) [2010] FCA 73 Citation: Pacific Blue Securities Pty Ltd, In the matter of Pacific Blue Securities Pty Ltd (ACN 136 973 521) [2010] FCA 73
Parties: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION v PACIFIC BLUE SECURITIES PTY LTD (ACN 136 973 521) and SEAN MICHAEL FOGARTY
File number: VID 662 of 2009
Judge: GORDON J
Date of judgment: 9 February 2010
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth)
Cases cited: Australian Securities and Investments Commission v International Unity Insurance Pty Ltd [2004] FCA 1059
Date of hearing: 9 February 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 30
Counsel for the Plaintiff: R Strong
Solicitor for the Plaintiff: Australian Securities & Investments Commission
No appearance by the Defendants
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 662 of 2009
IN THE MATTER OF PACIFIC BLUE SECURITIES PTY LTD (ACN 136 973 521) BETWEEN: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION
Plaintiff
AND: PACIFIC BLUE SECURITIES PTY LTD (ACN 136 973 521)
First Defendant
SEAN MICHAEL FOGARTY
Second Defendant
JUDGE: GORDON J
DATE OF ORDER: 9 FEBRUARY 2010
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Pacific Blue Securities Pty Ltd (ACN 136 973 521) ("the Company") be wound up by the Court under the provisions of the Corporations Act 2001 (Cth) ("the Act"). 2. Robyn Erskine of Brooke Bird, 471 Riversdale Road, Hawthorn East be appointed liquidator of the Company. 3. Sean Michael Fogarty is restrained for a period of 10 years from the date of this Order from carrying on, or being knowingly concerned in the carrying on by another person, of any business of dealing in a financial product or financial products (as defined in s 763A(1) of the Act) unless he is the holder, or is the authorised representative of the holder, of an Australian Financial Services Licence. 4. Sean Michael Fogarty is restrained for a period of 6 months from the date of this Order: (a) from taking or sending out of Australia any money, financial products or other property of the Company or himself; (b) from leaving Australia without the consent of the Court. 5. Within 3 days of service of a copy of this Order upon Sean Michael Fogarty, Sean Michael Fogarty deliver to any registry of this Court all passports in his possession, custody or control pending the expiry of the period of 6 months referred to in Order 4 above. 6. In lieu of personal service on the First and Second Defendants, service of a copy of this Order on the First and Second Defendants be effected by leaving a copy of this Order in an envelope addressed separately to the First and Second Defendants at 2 Maranta Street, Elanora, Queensland, 4221. 7. A copy of this Order is taken to be served on the First and Second Defendants on the delivery of the Order in the manner referred to paragraph 6 above. 8. The Plaintiff's costs of this proceeding, other than costs to which s 466 of the Act applies, be paid by the Defendants.
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