Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) (No 2) [2015] FCA 527

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) (No 2) [2015] FCA 527 Citation: Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) (No 2) [2015] FCA 527

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ACTIVESUPER PTY LTD (IN LIQUIDATION) ACN 125 423 574 AND OTHERS NAMED IN THE SCHEDULE

File number: VID 426 of 2012

Judge: WHITE J

Date of judgment: 29 May 2015

Catchwords: CORPORATIONS – orders to be made after findings of contraventions of Corporations Act 2001 (Cth) and Australian Securities and Investments Commission Act 2001 (Cth) – declarations and injunctions – consideration of purpose of contravened provisions – effect of consent on terms of declaration – considerations relevant to duration of injunctions restraining contravenors – whether interim injunctions under s 1323 restricting defendants' activities and movement should be discharged immediately or after some delay COSTS – exercise of Court's discretion – successful defendant seeking indemnity costs – effect of Calderbank offer when single offer made by multiple defendants – whether pursuit of successful defendant was unreasonable in any event COSTS – exercise of Court's discretion – multiple unsuccessful defendants – consent and co-operation by some defendants – difficulty in attributing costs incurred to individual defendants or groups – desirability of orders being capable of ready implementation – defendants liable to pay various percentages of applicant's costs – provision for stay of enforcement to prevent over-recovery