Australian Securities and Investments Commission v Guo (No 3) [2024] FCA 1032

Federal Court of Australia

Australian Securities and Investments Commission v Guo (No 3) [2024] FCA 1032 File number: VID 126 of 2024

Judgment of: MOSHINSKY J

Date of judgment: 30 August 2024

Catchwords: CORPORATIONS – where ASIC commenced an investigation – where ASIC obtained a travel restraint order for six months pursuant to s 1323 of the Corporations Act 2001 (Cth) – where ASIC sought a travel restraint order for a further six months – whether necessary or desirable for the protection of the interests of aggrieved persons – held: travel restraint order extended for one month

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth), s 1323

Cases cited: Australian Securities and Investments Commission v Guo [2024] FCA 125 Australian Securities and Investments Commission v Guo (No 2) [2024] FCA 251

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 31

Date of hearing: 30 August 2024

Counsel for the Plaintiff: Ms FJ Bentley

Solicitor for the Plaintiff: Australian Securities and Investments Commission

Counsel for the Defendant: Mr N Gabriel

Solicitor for the Defendant: T Squared Legal

ORDERS VID 126 of 2024

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Plaintiff

AND: LIANG GUO Defendant

order made by: MOSHINSKY J DATE OF ORDER: 30 AUGUST 2024

PENAL NOTICE TO: LIANG GUO IF YOU (BEING THE 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 ORDERREQUIRES YOU NOT TO DO, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.