Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Citation Resources Ltd v Landau [2016] FCA 1114 File number(s): WAD 163 of 2016
Judge(s): MCKERRACHER J
Date of judgment: 13 September 2016
Catchwords: CORPORATIONS – alleged breach of directors duties – where payments allegedly made from bank account without consideration, authority, lawful entitlement and legal liability – where civil proceedings brought by company while ASIC investigation in relation to alleged offences ongoing DISCOVERY – application for discovery under r 20.14 Federal Court Rules – where privilege against self-incrimination claimed in defence – where ongoing investigation of defendant by ASIC in relation to the alleged offences PRACTICE AND PROCEDURE – application for a stay of civil proceedings – where ongoing investigation of defendant by ASIC in relation to alleged offences, some of which the subject of these proceedings – whether criminal prosecution is 'on the cards' – McMahon v Gould factors
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 19, 68(3) Corporations Act 2001 (Cth) ss 1317E, 1317N, 1331, 1349(4) Federal Court Rules (Cth) r 20.14
Cases cited: Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2016] FCA 504 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 5) [2013] FCA 369 Australian Securities and Investments Commission v Continental Coal Limited [2016] FCA 416 Australian Securities and Investments Commission v Craigside Company Limited [2013] FCA 201 Australian Securities and Investments Commission v HLP Financial Planning (Aust) Pty Ltd (2007) 164 FCR 487 Re AWB Ltd (2008) 222 FLR 240 CC Containers Pty Ltd v Lee (No 2) [2012] VSC 149 Gemmell v Le Roi Homestyle Cookies Pty Ltd (in liq) (2014) 46 VR 583 Harman v Secretary of State for the Home Department [1983] 1 AC 280 McMahon v Gould (1982) 7 ACLR 202 Reid v Howard (No 2) (1995) 184 CLR 1 Sorby v Commonwealth (1983) 152 CLR 281 Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 4) [2010] FCA 863 Websyte Corporation Pty Ltd v Alexander (No 2) [2012] FCA 562
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