NSW Caselaw
Reported Decision : 56 ACSR 290
New South Wales Supreme Court
ASIC v Edwards [2005] NSWSC 1278 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 08/12/05
JUDGMENT DATE : 8 December 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Application for stay dismissed
CATCHWORDS : CORPORATIONS - civil penalty proceedings - declarations of contravention made - appeal initiated - whether hearing on penalty should be stayed pending determination of appeal - PROCEDURE - proceedings incomplete - declarations of contravention but no final orders based thereon - application for stay - analogy with criminal proceeding where conviction but no sentence
Adler v Australian Securities and Investments Commission, Handley JA, 29 April 2002, unreported Construction, Forestry, Mining and Energy Union v Hamberger [2001] FCA 1442 Illawong Village Pty Ltd v State Bank of New South Wales[2005] NSWSC 524 CASES CITED : Park v Brothers [2003] NSWSC 1054 R v De Marchi [1983] 1 VR 619 Whitlam v Australian Securities and Investments Commission (2002) 43 ACSR 73
Australian Securities and Investments Commissioin - Plaintiff PARTIES : Malcolm Leslie Edwards - Defendant
FILE NUMBER(S) : SC 5254/03
Mr A.J. McInerney - Plaintiff COUNSEL : Mr P.R. Loiterton, Solicitor - Defendant
Australian Securities and Investments Commission Solicitor - Plaintiff SOLICITORS : Mr P.R. Loiterton - Defendant
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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