Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Linchpin Capital Group Ltd [2018] FCA 1104 File number: QUD 439 of 2018
Judge: DERRINGTON J
Date of judgment: 7 August 2018
Catchwords: CORPORATIONS – managed investment scheme – ASIC application to appoint receivers – nature and extent of contraventions – scope of assets over which receiver appointed
Legislation: Australian Financial Services Reform Act 2001 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Personal Property and Securities Act 2009 (Cth)
Cases cited: Australian Securities & Investments Commission v Arafura Equities Pty Ltd (2005) 56 ACSR 429 Australian Securities & Investments Commission v Burke [2000] NSWSC 694 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (ACN 125 423 574)(No 2) (2013) 93 ACSR 189 Australian Securities and Investments Commission v Burnard (2007) 64 ACSR 360 Australian Securities and Investments Commission v Carey (No 3) (2006) 232 ALR 577 Australian Securities and Investments Commission v Chase Capital Management Pty Ltd (2001) 36 ACSR 778 Australian Securities and Investments Commission v Marshall Bell Hawkins Ltd (2002) 43 ACSR 340 Australian Securities and Investments Commission v Mauer-Swisse Securities Ltd (2002) 42 ACSR 605 Australian Securities and Investments Commission v Pegasus Leveraged Options Group Pty Ltd (2002) 41 ACSR 561 Australian Securities and Investments Commission v PFS Business Development Group Pty Ltd (ACN 106 761 826) (2007) 57 ACSR 553 Australian Securities and Investments Commission v Wealth & Risk Management Pty Ltd [2017] FCA 477 Australian Securities Commission v AS Nominees Ltd (1995) 62 FCR 504 Australian Trade Commission v WA Meat Exports Pty Ltd (1987) 75 ALR 287 Bruce v LM Investment Management Ltd (ACN 077 208 461) (admins apptd) (in its capacity as responsible entity of the LM First Mortgage Income Fund) (2013) 94 ACSR 684 Fraser v NRMA Holdings Ltd (1995) 55 FCR 452 Orrong Strategies Pty Ltd v Village Roadshow Ltd (2007) 207 FLR 245 Re Boart Longyear Ltd (No 2) (2017) 122 ACSR 437 Re HIH Insurance Ltd (in prov liq); Australian Securities & Investments Commission v Adler (2001) 38 ACSR 266
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