Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Healey (No 2) [2011] FCA 1003 Citation: Australian Securities and Investments Commission v Healey (No 2) [2011] FCA 1003
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v BRIAN HEALEY, ANDREW THOMAS SCOTT, SAMUEL KAVOURAKIS, JAMES WILLIAM HALL, PAUL ASHLEY COOPER, PETER GRAHAM GOLDIE, LOUIS PETER WILKINSON and ROMANO GEORGE NENNA
File number: VID 750 of 2009
Judge: MIDDLETON J
Date of judgment: 31 August 2011
Catchwords: CORPORATIONS – penalties – declarations of contravention – pecuniary penalties – disqualification from management of corporations – contraventions of the Corporations Act 2001 (Cth) – directors and officers liable to penalty under the Corporations Act 2001 (Cth) CORPORATIONS – whether directors and officers should be relieved from liability under s 1317S or s 1318 of the Corporations Act 2001 (Cth) – discretion to relieve directors and officers from liability not exercised – relevant principles and factors to be taken into consideration
Legislation: Corporations Act 2001 (Cth)
Cases cited: Rich v Australian Securities and Investments Commission (2004) 220 CLR 129 Australian Securities and Investments Commission v MacDonald (No 12) (2009) 259 ALR 116 Australian Securities and Investments Commission v Citrofresh International Ltd (No 3) (2010) 268 ALR 303; [2010] FCA 292 Elliott v Australian Securities and Investments Commission; Plymin v Australian Securities and Investments Commission (2004) 10 VR 369; 205 ALR 594; 48 ACSR 621; [2004] VSCA 54 Australian Securities and Investments Commission v Vizard (2005) 145 FCR 57; 219 ALR 714; 54 ACSR 394; [2005] FCA 1037 Australian Securities and Investments Commission v Vines (2006) 58 ACSR 298 Australian Securities and Investments Commission v White (2006) 58 ACSR 261; [2006] VSC 239 Australian Securities and Investments Commission v Beekink (2007) 238 ALR 595; 61 ACSR 305; [2007] FCAFC 7 Re One.Tel Ltd (in liq); Australian Securities and Investments Commission v Rich (2003) 44 ACSR 682 ASC v Donovan (1999) 28 ACSR 583 Australian Competition Consumer Commission v High Adventure Pty Ltd [2005] FCAFC 247 R v Fodera [2007] NSWSC 1194 Re HIH Insurance Ltd (in prov liq) and HIH Casualty and General Insurance Ltd (in prov liq); Australian Securities and Investments Commission v Adler (2002) 42 ACSR 80 ACCC v Telstra Corporation Limited [2010] FCA 790 Australian Securities and Investments Commission, Re Chemeq Ltd v Chemeq Ltd (2006) 58 ACSR 169 Australian Securities and Investments Commission v Fortescue Metals Group Ltd (2011) 190 FCR 364 Morley v Australian Securities and Investments Commission (No 2) [2011] NSWCA 110 Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) (2002) 190 ALR 169; [2002] FCA 559
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