Federal Court of Australia
Federal Court of Australia
Australian Prudential Regulation Authority v Gray [2024] FCA 79 File number: NSD 1097 of 2023
Judgment of: SHARIFF J
Date of judgment: 13 February 2024
Catchwords: BANKING AND FINANCIAL INSTITUTIONS – application by Australian Prudential Regulation Authority (APRA) to permanently restrain respondent from conducting 'banking business' within the meaning of the Banking Act 1959 (Cth) (Banking Act) – application to permanently restrain respondent from assuming or using restricted words – where respondent associated with various non-legal 'banking' entities – where entities controlled by respondent carrying on 'banking business' without authorisation under the Banking Act – permanent injunctions granted
Legislation: Constitution ss 51(xiii), 51(xx) Australian Prudential Regulation Authority Act 1998 (Cth) Banking Act 1959 (Cth) ss 5, 5(1), 7, 7(1), 8, 8(1), 9(3), 65A, 65A(2), 65A(3), 65A(6)(a), 65A(11), 65A(12), 66, 66(1), 66(1AC), 66(4)(a), 66(4)(c), 66A(1) Federal Court of Australia Act 1976 (Cth) ss 11, 23 Reserve Bank Act 1959 (Cth) s 44 Federal Court Rules 2011 (Cth) rr 8.05, 8.06, 10.01, 10.24, 41.06
Cases cited: Australian Prudential Regulation Authority v Garrett [2023] FCA 956 Australian Prudential Regulation Authority v Siminton (No 6) [2007] FCA 1608
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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