Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2019] FCA 964

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2019] FCA 964 File number: VID 1153 of 2018

Judge: MOSHINSKY J

Date of judgment: 21 June 2019

Catchwords: PRACTICE AND PROCEDURE – stay of proceedings – whether civil proceeding should be stayed pending determination of criminal proceedings relating to the same subject matter – whether the interests of justice require the civil proceeding to be stayed – where the civil proceeding and the criminal proceedings both relate to an institutional share placement that took place on 6 August 2015 – where Australia and New Zealand Banking Group Limited (ANZ) is a defendant to both the civil proceeding and the criminal proceedings – where the key individual at ANZ who was involved in the placement, and whose evidence and assistance would be required by ANZ to defend the civil proceeding, is also a defendant to the criminal proceedings – stay granted

Legislation: Competition and Consumer Act 2010 (Cth), ss 79, 44ZZRF, 44ZZRG, 44ZZRO Corporations Act 2001 (Cth), ss 674, 1317E, 1317G, 1317N, 1331 Evidence Act 1995 (Cth), s 128 Federal Court of Australia Act 1976 (Cth), ss 23, 23CN Criminal Procedure Act 1986 (NSW), s 314

Cases cited: Australian Competition and Consumer Commission v Cement Australia Pty Ltd (2017) 258 FCR 312 Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2016] FCA 504 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153 Grant-Taylor v Babcock & Brown Ltd (in liq) (2015) 322 ALR 723 Grant-Taylor v Babcock & Brown Ltd (in liq) (2016) 245 FCR 402 Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25 McLachlan v Browne (No 9) [2019] NSWSC 10 McMahon v Gould (1982) 7 ACLR 202 Obeid v Commissioner of Taxation [2017] FCA 1135 Ransley v Commissioner of Taxation [2016] FCA 778 Re Plutus Payroll Australia Pty Ltd [2017] NSWSC 1854 Strickland v Director of Public Prosecutions (Cth) (2018) 361 ALR 23 Websyte Corporation Pty Ltd v Alexander (No 2) [2012] FCA 562