Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Letten (No 25) [2016] FCA 1127 File number: VID 95 of 2010
Judge: DAVIES J
Date of judgment: 15 September 2016
Catchwords: CORPORATIONS – unregistered managed investment schemes – entitlement of receivers to remuneration – reasonable remuneration and reasonable costs and expenses – approval of remuneration by Registrar – primary judge's review of decision of Registrar – appeal from that review – evaluative judgment – concept of proportionality – grounds of appeal upheld in part – application for review remitted for rehearing – whether reductions on remuneration and disbursements claimed are justified
Legislation: Corporations Act 2001 (Cth), ss 601EE(2), 1323(1)(h) Federal Court Rules 2011 (Cth) rr 14.21, 14.24
Cases cited: Australian Securities and Investments Commission v Letten (No. 7) (2010) 190 FCR 59; [2010] FCA 1231 Australian Securities and Investments Commission v Letten (No 10) [2011] FCA 498 Australian Securities and Investments Commission v Letten (No 15) [2011] FCA 1268 Australian Securities and Investments Commission v Letten (No. 20) (2012) 92 ACSR 630; [2012] FCA 1283 Australian Securities and Investments Commission v Letten (No. 23) [2014] FCA 985 Templeton v Australian Securities and Investments Commission (2015) 108 ACSR 545; [2015] FCAFC 137 Thackray v Gunns Plantations Ltd (2011) 85 ACSR 144; [2011] VSC 380
Date of hearing: 9 June 2016
Registry: Victoria
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