In the matter of Semantic Software Asia Pacific Limited [2021] NSWSC 785

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Semantic Software Asia Pacific Limited [2021] NSWSC 785 Hearing dates: 28 June 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with the short minutes of order provided by the Australian Securities and Investments Commission. Catchwords: CORPORATIONS — Interim preservation — Freezing orders — Application under s 1323 of the Corporations Act 2001 (Cth) — Whether requirements for such an order met. CORPORATIONS — Interim injunction — Application under s 1324 of the Corporations Act 2001 (Cth) — Where injunction would prevent company from raising capital by issue of shares — Where that could cause company to become insolvent — Whether Court should refuse interim relief on these grounds. Legislation Cited: - Corporations Act 2001 (Cth), ss 461, 1323, 1324 Cases Cited: Re Courtenay House Capital Trading Group Pty Ltd (in liq) (2018) 133 ACSR 451; [2018] NSWSC 1918 Category: Procedural rulings Parties: Australian Securities and Investments Commission (Plaintiff) Semantic Software Asia Pacific Limited (First Defendant) Duncan Paul Francis Mount (Second Defendant) Mark William Bradley (Third Defendant) Representation: Counsel: D Robertson (Plaintiff) S Gupta (Solicitor) (First and Second Defendants)

Solicitors: Australian Securities and Investments Commission (Plaintiff) Gupta & Co Pty Ltd (First and Second Defendants) M Bradley (self-represented) (Third Defendant) File Number(s): 2021/181324