Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brennan v DCA Capital Pty Ltd, in the matter of DCA Capital Pty Ltd [2024] FCA 475 File number(s): NSD 368 of 2024
Judgment of: HALLEY J
Date of judgment: 4 April 2024
Date of publication of reasons: 8 May 2024
Catchwords: CORPORATIONS – ex parte application for interim orders pursuant s 1323(3) of the Corporations Act 2001 (Cth) (Act) for the appointment of receivers – where defendants managed a fund – where plaintiffs are investors in the fund – where plaintiffs allege that defendants operated an unregistered managed investment fund in contravention of s 601ED – where plaintiffs sought interim relief in aid of final claims including claims for compensation orders under s 1317HA of the Act for contraventions of s 911A, s 1020A and s 1041I of the Act – whether necessary or desirable for orders to be made – plaintiffs established prima facie case – interim orders made
Legislation: Corporations Act 2001 (Cth) ss 601ED, 761G, 911A, 1020A, 1041I, 1317E, 1317HA and 1323 Corporations Regulations 2001 (Cth) reg 7.1.18
Cases cited: Australian Securities and Investments Commission v Arafura Equities Pty Ltd (2005) 56 ACSR 429; [2005] QSC 376 Australian Securities and Investments Commission v Linchpin Capital Group Ltd [2018] FCA 1104 Corporate Affairs Commission v Home Buyers Finance Ltd (1987) 5 ACLC 706 Re Richstar Enterprises Pty Ltd (No 3) (2006) 232 ALR 577; [2006] FCA 433
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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