Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Administrative Appeals Tribunal [2010] FCA 807
Citation: Australian Securities and Investments Commission v Administrative Appeals Tribunal [2010] FCA 807
Appeal from: Re Shaun Bruce Bond and Australian Securities and Investments Commission [2009] AATA 50
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ADMINISTRATIVE APPEALS TRIBUNAL and SHAUN BRUCE BOND AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v SHAUN BRUCE BOND
File numbers: QUD 50 of 2009 QUD 55 of 2009
Judge: DOWSETT J
Date of judgment: 30 July 2010
Catchwords: TRADE PRACTICES – market misconduct – market manipulation – banning order – construction of s 1041A of the Corporations Act 2001 (Cth) – whether sale and purchase transactions had effect of creating artificial price – relevance of intention
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Sch 1 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Corporations Act 2001 (Cth) ss 761A, 920A, 920B, 1041A, 1041B, 1041C, 1317S Trade Practices Act 1974 (Cth) Securities Industry Act 1970 (NSW) s 70
Cases cited: Australian Postal Corporation v Sellick (2008) 245 ALR 561 followed North v Marra Developments Ltd (1981) 148 CLR 42 considered Re Howarth and Australian Securities and Investments Commission (2008) 101 ALD 602 cited Australian Securities and Investments Commission v Soust (2010) 183 FCR 21 approved
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