R v Bigatton [2022] NSWDC 144

District Court New South Wales

Medium Neutral Citation: R v Bigatton [2022] NSWDC 144 Hearing dates: 24 March 2022 Date of orders: 13 April 2022 Decision date: 13 April 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Make orders in terms of para [1] and para [2] of the Notice of Motion Catchwords: CRIMINAL PROCEDURE — Subpoena Legislation Cited: Companies Act 2006 (UK) Corporations Act 2001 (Cth) Cases Cited: A v Z [2007] NSWSC 899; (2007) 212 FLR 255 Attorney-General (NSW) v Chidgey (2008) 182 A Crim R 536 R v Saleam [1999] NSWCCA 86 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Tropic Asphalts Pty Ltd v Snowy Monaro Regional Council [2021] NSWCCA 24 Tropic Asphalts that the Court of Appeal in ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Waters v Secretary of the Attorney-General's Department (Cth) [2021] NSWCCA 193 Category: Principal judgment Parties: Australian Securities and Investments Commission John Louis Anthony Bigatton (Accused) Representation: Michael Rennie (Counsel for ASIC)

Liam MacAndrews (solicitor for the accused)

Australian Securities and Investments Commission Nyman Gibson Miralis (accused) File Number(s): 2020/00293887

REVISED JudgEment

Introduction 1. John Louis Anthony Bigatton is listed for trial on 6 June 2022 in this Court in a prosecution brought by ASIC alleging offences the particulars and description of which have been set out in the submissions provided in writing on behalf of the accused, the respondent to the notice of motion before this Court from the Australian Securities and Investments Commission.