Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Scholz (No 3) [2023] FCA 337 File number(s): QUD 426 of 2021
Judgment of: DOWNES J
Date of judgment: 13 April 2023
Date of publication of reasons: 14 April 2023
Catchwords: CORPORATIONS – defendant found to have contravened s 911A(1) Corporations Act 2001 (Cth) – whether injunctions sought should be granted – appropriate form of costs order
Legislation: Corporations Act 2001 (Cth) ss 766B(1), 911A, 1101B, 1324(1)
Cases cited: Australian Securities and Investments Commission v Scholz (No 2) [2022] FCA 1542
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 20
Date of hearing: 13 April 2023
Counsel for the Plaintiff: Ms S Callan SC with Mr M Steele KC
Solicitor for the Plaintiff: Corrs Chambers Westgarth
Counsel for the Defendant: Mr R A Dick SC with Ms S Palaniappan
Solicitor for the Defendant: Horton Rhodes Lawyers
ORDERS QUD 426 of 2021
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Plaintiff
AND: TYSON ROBERT SCHOLZ Defendant
order made by: DOWNES J DATE OF ORDER: 13 APRIL 2023
PENAL NOTICE – Rule 41.06 of the Federal Court Rules 2011 (Cth)
TO: TYSON ROBERT SCHOLZ
IF YOU (BEING A PERSON BOUND BY THIS ORDER):
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,
YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR PUNISHMENT FOR CONTEMPT.
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