Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Addenbrooke Pty Limited v Duncan (No 6) [2015] FCA 793 Citation: Addenbrooke Pty Limited v Duncan (No 6) [2015] FCA 793
Parties: ADDENBROOKE PTY LIMITED (ACN 055 973 576) v TRAVERS WILLIAM DUNCAN, PETER GRAY and SOUTHERN CROSS EQUITIES PTY LTD (ACN 071 935 441); SOUTHERN CROSS EQUITIES PTY LTD (ACN 071 935 441) v CASCADE COAL PTY LTD (ACN 119 180 620), ARTHUR PHILLIP PTY LTD (ACN 100 908 101) and RICHARD JONATHON POOLE; PETER GRAY v CASCADE COAL PTY LTD (ACN 119 180 620)
File number: NSD 2243 of 2012
Judge: FOSTER J
Date of judgment: 5 August 2015
Catchwords: TRADE AND COMMERCE – whether a potential investor in a placement of shares made by a private company was misled as to the true purpose of the capital raising – whether material facts were concealed from the potential investor – whether the investor relied upon the positive statements made to it and whether it relied upon those with whom it dealt to disclose certain facts – whether those facts were material to the investor
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12GF, 12GB and 12GM Corporations Act 2001 (Cth), s 1041E
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