NSW Caselaw
New South Wales Supreme Court
CITATION : ASIC v Matthews [2000] NSWSC 201 revised - 12/05/2000 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3497 of 1999 HEARING DATE(S) : 27 September, 5 October, 8 November and 13 December 1999 and 25 February 2000 JUDGMENT DATE : 23 March 2000
PARTIES : Australian Securities and Investment Commission (Plaintiff) Stephen Matthews (Defendant) JUDGMENT OF : Windeyer J at 1
COUNSEL : Mr D.R. Stack (Plaintiff) Mr M.B. Duncan (Defendant) SOLICITORS : Jan Redfern (Plaintiff) Koffels (Defendant) CATCHWORDS : PRACTICE AND PROCEDURE - civil contempt - failure to comply with orders made by Federal Court - proceedings transferred from the Federal Court pursuant to Federal Courts (State Jurisdiction) Act 1999 after orders made - defendant alleged to be in breach of orders by allowing securities reports to be published on the Internet - whether the documents were securities reports - whether the defendant as publisher of the Internet site had the power to add, move, modify or delete documents posted on that site LEGISLATION CITED : Corporations Law s9, s77(1), s92, s781 Federal Courts (State Jurisdiction) Act 1999 (NSW) s6 Australasian Meat Industry Employers Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 CASES CITED : Re Wakim; ex parte McNally (1999) 73 ALJR 839 Witham v Holloway (1995) 183 CLR 525 DECISION : See paragraph 28
1 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WINDEYER J
THURSDAY 23 MARCH 2000
3497/99 AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION v MATTHEWS
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