Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Marco (No 4) [2020] FCA 881 File number: WAD 481 of 2018
Judge: MCKERRACHER J
Date of judgment: 23 June 2020
Catchwords: CORPORATIONS – interim receivers – appointed under s 1101B(5) of the Corporations Act 2001 (Cth) – indemnity – costs and expenses – whether the Australian Securities and Investments Commission (ASIC) should provide any general indemnity – whether ASIC should meet the costs of receivers' reports – consideration of the nature of receiverships appointed under the Corporations Act and the equitable jurisdiction – Australian Securities and Investments Commission v Carey (No 5) [2006] FCA 864 followed
Legislation: Corporations Act 2001 (Cth) ss 419, 419A, 1101B(5), 1323 Federal Court of Australia Act 1976 (Cth) ss 23, 57(2)
Cases cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Australian Securities Commission v Berona Investments Pty Ltd (1995) 18 ACSR 772 Australian Securities and Investments Commission v Carey (No 5) (2006) 58 ACSR 6; [2006] FCA 864 Australian Securities and Investments Commission v Letten (No 9) [2010] FCA 1459 Australian Securities and Investments Commission v Marco (No 3) [2020] FCA 719 Boehm v Goodall [1911] 1 Ch 155 Corporate Affairs Commission (NSW) v Smithson [1984] 3 NSWLR 547 Rosanove v O'Rourke [1987] 1 Qd R 275 Rosanove v O'Rourke [1988] 1 Qd R 1717
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