Australian Securities & Investments Commission v Lewski [2018] HCA 63

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE AND EDELMAN JJ

Matter No M79/2018

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION APPELLANT

AND

WILLIAM LIONEL LEWSKI & ANOR RESPONDENTS

Matter No M80/2018

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION APPELLANT

AND

MICHAEL RICHARD LEWIS WOOLDRIDGE & ANOR RESPONDENTS

Matter No M81/2018

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION APPELLANT

AND

MARK FREDERICK BUTLER & ANOR RESPONDENTS

Matter No M82/2018

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION APPELLANT

AND

KIM SAMUEL JAQUES & ANOR RESPONDENTS

Matter No M83/2018

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION APPELLANT

AND

PETER CLARKE & ANOR RESPONDENTS

Australian Securities & Investments Commission v Lewski Australian Securities & Investments Commission v Wooldridge Australian Securities & Investments Commission v Butler Australian Securities & Investments Commission v Jaques Australian Securities & Investments Commission v Clarke [2018] HCA 63 13 December 2018 M79/2018, M80/2018, M81/2018, M82/2018 & M83/2018

ORDER

Matters M79, M80, M81 and M82 of 2018

1. Appeal allowed in part.

2. Set aside orders 2 to 6 of the orders of the Full Court of the Federal Court of Australia made on 1 November 2017 and in their place order that:

(a) the appeal be allowed in part;

(b) declarations 13, 21, 29, 37, 40, 41, 42, 43, 44, 45, 46, and 47 of the declarations and orders 1.1 to 1.4 and 2.1 to 2.5 of the orders made by the primary judge in proceeding VID 594 of 2012 ("Trial Proceeding") dated 2 December 2014 be set aside;

(c) order 3 of the orders made in the Trial Proceeding be set aside and in its place order that the second to fifth defendants pay the plaintiff's (namely, ASIC's) costs of and incidental to the proceeding; and

(d) the first respondent (namely, ASIC) pay the appellant's costs of and in connection with the dispute as to the form of orders.