Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Thorne [2021] FCA 209 File number(s): QUD 358 of 2020
Judgment of: COLLIER J
Date of judgment: 11 March 2021
Catchwords: CORPORATIONS – application under s 93AA(3) Australian Securities and Investments Commission Act 2001 (Cth) – orders sought pursuant to s 93AA(4) ASIC Act – whether enforceable undertaking breached – whether appropriate to make orders under s 93AA(4) ASIC Act – discretion of Court to make orders. COSTS – where parties agreed to substantive relief – whether no "successful" party in proceedings – general principle that costs follow the event – personal and financial toll on respondent of proceedings – lump sum costs order sought – Costs Practice Note (GPN-COSTS).
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Australian Competition and Consumer Commission v Alinta 2000 Ltd [2007] FCA 1362 Australian Securities and Investments Commission v Empower Invest Pty Ltd [2010] NSWSC 1025 Northern Territory v Sangare (2019) 265 CLR 16; [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 37
Date of hearing: 10 March 2021
Counsel for the Applicant: Mr S Seefeld
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