Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 4) [2022] FCA 487 File number(s): VID 524 of 2020 VID 666 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 4 May 2022
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunctions – balance of convenience – where public interest already significantly protected by earlier orders – where no evidence defendants continuing to engage in conduct complained of – where plaintiff rejected undertaking proffered by defendants – injunctions not granted PRACTICE AND PROCEDURE – applications for stay of proceedings pending appeal – where one proceeding sought to be stayed has been appealed and seeks a declaration that the defendant is guilty of a contempt – where another proceeding sought to be stayed relates to substantially the same conduct – proceedings stayed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12GBCH Corporations Act 2001 (Cth) ss 1101B, 1101B(5), 1317N, 1324, 1324(4) Federal Court of Australia Act 1976 (Cth) ss 21, 23 Federal Court Rules 2011 (Cth) rr 40.04, 41.06
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2019] FCA 964; (2019) 138 ACSR 42 Australian Securities and Investments Commission v M101 Nominees Pty Ltd, Re M101 Nominees Pty Ltd [2020] FCA 1166 Australian Securities and Investments Commission v M101 Nominees Pty Ltd [2021] FCA 62 Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 3) [2021] FCA 354 Australian Securities and Investments Commission v Mayfair Wealth Partners Pty Ltd (No 2) [2021] FCA 247 Australian Securities and Investments Commission v Mayfair Wealth Partners Pty Ltd [2021] FCA 1630 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 Impiombato v BHP Group Ltd [2020] FCA 350; (2020) 143 ACSR 301 State of New South Wales v Kable (2013) 252 CLR 118
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