Australian Securities and Investments Commission v DB Management Pty Ltd [2000] HCA 7

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, GUMMOW, HAYNE AND CALLINAN JJ

Matter No S105/1999

AUSTRALIAN SECURITIES AND

INVESTMENTS COMMISSION APPELLANT

AND

DB MANAGEMENT PTY LTD & ORS RESPONDENTS

Matter No S108/1999

SOUTHCORP WINES PTY LTD APPELLANT

AND

DB MANAGEMENT PTY LTD & ORS RESPONDENTS

Australian Securities and Investments Commission v DB Management

Pty Ltd

Southcorp Wines Pty Ltd v DB Management Pty Ltd

[2000] HCA 7

10 February 2000

S105/1999 and S108/1999

ORDER

1. Appeals allowed with costs.

2. Set aside the orders made by the Full Court of the Federal Court of Australia on 25 March 1999, and in place thereof, order that the appeal to that Court be dismissed with costs.

2.

On appeal from the Federal Court of Australia

Representation:

Matter No S105/1999

R S McColl SC with C Francas and R A Pepper for the appellant (instructed by Regional General Counsel, Australian Securities and Investments Commission)

P R Graham QC with K M Connor for the first respondent (instructed by Stephen Blanks & Associates)

R J C Catto in person on behalf of the second respondent

J V Gooley for the third respondent

S D Rares SC with A S Bell for the fourth respondent (instructed by Allen Allen & Hemsley)

Matter No S108/1999

S D Rares SC with A S Bell for the appellant (instructed by Allen Allen & Hemsley)

P R Graham QC with K M Connor for the first respondent (instructed by Stephen Blanks & Associates)

R J C Catto in person on behalf of the second respondent

J V Gooley for the third respondent

R S McColl SC with C Francas and R A Pepper for the fourth respondent (instructed by Regional General Counsel, Australian Securities and Investments Commission)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Australian Securities and Investments Commission v DB Management