Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Davidof [2017] FCA 658 Appeal from: Davidof and Australian Securities and Investments Commission [2017] AATA 37
File number: NSD 200 of 2017
Judge: LEE J
Date of judgment: 9 June 2017
Catchwords: CORPORATIONS – appeal from decision of Administrative Appeals Tribunal – whether a MINI warrant constitutes a "derivative" and hence a "financial product" in accordance with the definitions in Chapter 7 of the Corporations Act 2001 (Cth) – appeal upheld
Legislation: Corporations Act 2001 (Cth), Div 3 of Part 7.1, ss 761A, 764A(1)(c), 920A(1), 1041A Corporations Regulations 2001 (Cth), reg 7.1.04
Cases cited: International Litigation Partners Pte Ltd v Chameleon Mining NL (Receivers and Managers Appointed) [2012] HCA 45; (2012) 246 CLR 455 International Litigation Partners Pte Ltd v Chameleon Mining NL [2011] NSWCA 50; (2011) 248 FLR 149 May v Military Rehabilitation and Compensation & Anor [2015] FCAFC 93; (2015) 233 FCR 397 Wingecarribee Shire Council v Lehman Bros Australia Ltd (In Liq) [2012] FCA 1028; (2012) 301 ALR 1
Date of hearing: 9 June 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Dr JG Renwick SC with Ms AM Mitchelmore
Solicitor for the Applicant: Australian Securities and Investments Commission
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