Australian Securities and Investments Commission v Dunner [2013] FCA 872

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Dunner [2013] FCA 872 Citation: Australian Securities and Investments Commission v Dunner [2013] FCA 872

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ANDREW LEONARD DUNNER

File number(s): VID 327 of 2012

Judge(s): MIDDLETON J

Date of judgment: 30 August 2013

Catchwords: CORPORATIONS – Corporations Act 2001 (Cth), ss 423, 499, 536 – Duties of liquidator – Duties of receiver – Court inquiry into defendant's conduct as liquidator and receiver – Failure by defendant to investigate circumstances of companies to which he was appointed – Drawing remuneration without approval or adequate supporting documentation – Inaccurate reporting to ASIC and creditors regarding external administrations – Repayment of remuneration drawn without approval – Unfitness to remain registered as liquidator – Duration of prohibition order

Legislation: Companies Act 1961 (Vic) Corporations Act 2001 (Cth) Corporations Regulations 2001 (Cth)

Cases cited: Ah Toy v Registrar of Companies (1986) 10 FCR 356 ASIC v Edge (2007) 211 FLR 137; [2007] VSC 170 ASIC v Lanepoint Enterprises Pty Ltd [2006] FCA 1493 BL & GY International Co Ltd v Hypec Electronics Pty Ltd (2010) 79 ACSR 558 Commissioner for Corporate Affairs (Vic) v Harvey [1980] VR 669 Fraser v ASIC (2007) 159 FCR 424 Hall v Poolman (2009) 75 NSWLR 99 Northbourne Developments Pty Ltd v Reiby Chambers Pty Ltd & Ors (1989) 19 NSWLR 434 Pace v Antlers Pty Ltd (in liquidation) (1998) 80 FCR 485