Australian Securities and Investments Commission v Johnston [2011] FCA 920

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Johnston [2011] FCA 920 Citation: Australian Securities and Investments Commission v Johnston [2011] FCA 920

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v TIMOTHY FRANCIS JOHNSTON

File number(s): WAD 195 of 2009

Judge: SIOPIS J

Date of judgment: 9 August 2011

Legislation: Bankruptcy Act 1966 (Cth) s 77(1)(ii) Corporations Act 2001(Cth) ss 1323, 1323(1), 1323(8)

Cases cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194

Date of hearing: 9 August 2011

Place: Perth

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 25

Counsel for the Plaintiff: Ms W F Gillan

Solicitor for the Plaintiff: Australian Securities and Investments Commission

The Defendant did not appear.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 195 of 2009

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: TIMOTHY FRANCIS JOHNSTON

Defendant

JUDGE: SIOPIS J DATE OF ORDER: 9 AUGUST 2011 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The District Registrar of the Queensland Registry of the Court release the passport of the defendant held in that Registry under paragraph 4 of the order made by this Court on 4 November 2009 to Jason Walter Bettles and Ivor Worrell, Registered Trustees in accordance with s 77(1)(a)(ii) of the Bankruptcy Act 1966 (Cth). 2. Paragraph 3 of the order made by the Court on 4 November 2009 be set aside. 3. There be no order as to costs. 4. The application otherwise be discontinued. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.