Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Ostrava Equities Pty Ltd [2015] FCA 543 Citation: Australian Securities and Investments Commission v Ostrava Equities Pty Ltd [2015] FCA 543
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v OSTRAVA EQUITIES PTY LTD (ACN 108 866 717), OSTRAVA ASSET MANAGEMENT PTY LTD, OSTRAVA SECURITIES PTY LTD, VANESSA MARIA ASH and BRADLEY JOHN GRIMM
File number(s): VID 201 of 2015
Judge(s): DAVIES J
Date of judgment: 2 June 2015
Catchwords: CORPORATIONS – Investigation by Australian Securities and Investments Commission (ASIC) – travel restrictions – order requiring person to deliver up passport to Court – order prohibiting person from leaving jurisdiction – necessary or desirable for purpose of protecting aggrieved person – application for extension of travel restraint orders – proportionate and not more intrusive than necessary – balance interests of aggrieved persons with avoidance of undue interference in affairs of defendant – balancing public and private rights – undertaking not to leave jurisdiction
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 13 Corporations Act 2001 (Cth) s 1323(1)
Cases cited: Australian Securities and Investments Commission v Ostrava Equities Pty Ltd [2015] FCA 425 Australian Securities and Investments Commission v Active Super Pty Ltd (No 4) [2013] FCA 318 Australian Securities and Investments Commission v Adler & Ors (2001) 38 ACSR 266; [2001] NSWSC 451 Australian Securities and Investments Commission v Carey (No 3) (2006) 232 ALR 577; [2006] FCA 433 Australian Securities and Investments Commission v Carey (No 19) (2008) 65 ACSR 421; [2008] FCA 38 Australian Securities and Investments Commission v Hawley (2008) 68 ACSR 79; [2008] FCA 1423 Australian Securities and Investments Commission v Ivey (1998) 29 ACSR 391 Australian Securities and Investments Commission v Krecichwost [2007] NSWSC 948 Australian Securities and Investments Commission v Wiggins (1998) 90 FCR 314; [1998] FCA 1727 Date of hearing: 26 May 2015
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