Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Provide Nominees Pty Ltd (No 3) [2024] FCA 448 File number(s): VID 712 of 2022
Judgment of: ANDERSON J
Date of judgment: 3 April 2024
Date of publication of reasons 2 May 2024
Catchwords: PRACTICE AND PROCEDURE – Application for stay of order requiring production of documents pursuant to s 70 of the Australian Securities and Investments Commission Act (Cth) (ASIC Act) – Application for special leave to appeal decision of the Full Court of the Federal Court made to the High Court – Principles relevant to grant of stay pending application for special leave to appeal to High Court – Finding that special leave application may be rendered nugatory in the absence of a stay – Balance of convenience favours granting of a stay – Sufficient prospects of obtaining leave – Stay granted
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: 123 259 932 Pty Ltd v Cessnock City Council (No 2) [2023] NSWCA 89 Gerah Imports Pty Ltd v Duke Group Ltd (In Liq) (1994) 119 ALR 401; [1994] HCA 3 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681 Obeid v R (2016) 329 ALR 372; [2016] HCA 9
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 33
Date of hearing: 3 April 2024
Counsel for the Plaintiff: Mr P Collinson KC
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