NSW Caselaw
Reported Decision : (2003) 44 ACSR 682 (2003) 21 ACLC 672
New South Wales Supreme Court
CITATION : ASIC v RICH & ORS [2003] NSWSC 186 HEARING DATE(S) : 13/03/2003 JUDGMENT DATE : 21 March 2003 JURISDICTION: Equity JUDGMENT OF : Bryson J at 1 DECISION : Consent orders: disqualification 10 years: see [32]
CATCHWORDS : CORPORATIONS- Officers and Employees- disqualification from managing corporations- ASIC claimed against Keeling, former Joint MD of One.Tel Ltd, remedies for breach of duty of care and diligence s180-disqualification, declarations establishing breaches, damages- ASIC and Keeling joined in asking Court to order remedies including disqualification 10 years- consideration of circumstances affecting acting on parties' agreement- disqualification 10 years and other remedies ordered by consent. LEGISLATION CITED : Corporations Act CASES CITED : Baxter v. Obacelo Pty Ltd (2001) 76 ALJR 114 Re HIH Insurance Ltd; ASIC v. Adler [2002] 42 ACSR 80 Australian Securities & Investments Commission (P) John David Rich (D1) PARTIES : Bradley William Keeling (D2) John Huyshe Grieves (D3) Mark Alan Silbermann (D4) FILE NUMBER(S) : SC 5934/01 R. MacFarlane QC & P. Durack - (P) COUNSEL : D.L. Williams - (D1 & D4) C.D. Freeman - (D2) Jan Redfern, Solicitor for ASIC (P) SOLICITORS : Joanne Kelly (D1 & D4) Purcell Insolvency Lawyers (D2)
-IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J.
FRIDAY 21 MARCH 2003
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