NSW Caselaw
Reported Decision : 40 ACSR 99 (2002) 20 ACLC 312
New South Wales Supreme Court
CITATION : ASX v McLachlan [2001] NSWSC 1061 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 5076/00 HEARING DATE(S) : 31/08/01 JUDGMENT DATE : 19 November 2001
PARTIES : Australian Stock Exchange Limited (ACN 008 624 691) (Plaintiff) Malcolm Boyd McLachlan (Defendant) JUDGMENT OF : Santow J
COUNSEL : J GRIFFITHS (Plaintiff) A S BELL (Defendant) SOLICITORS : Allens Arthur Robinson (Plaintiff) Tress Cocks Maddox (as agents for Cowell Clarke) (Defendant) CATCHWORDS : CORPORATIONS - Stock Exchange - Business Rules - Interpretation of relevant business rules (rule 13.5.1(4)) relating to $100,000 cap in its proviso where charges brought against Affiliate and subsequently sought to be brought against Participating Organisation - Principles of construction in relation to penalties - Test applicable. LEGISLATION CITED : Business Rules of ASX, Rule 13.5.1 Corporations Law s766D(2)(d); s772A Australian Broadcasting Commission v Australasian Performing Right Association (1973) 129 CLR 99 Ex parte Fitzgerald re Gorton (1945) 45 SR(NSW) 182 CASES CITED : Hudson Securities Pty Limited v Australian Stock Exchange Limited (2000) 35 ACSR 55 McLachlan v Australian Stock Exchange Limited (1998) 30 ACSR 139 and on appeal (1999) 32 ACSR 524 R v Adams (1935) 53 CLR 563 DECISION : Cap of $100,000 in proviso to Rule 13.5(4) applies.
IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY
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