NSW Caselaw
New South Wales Supreme Court
CITATION : ASIC v Sydney Investment House Equities Pty Ltd & Ors (No 2) [2006] NSWSC 1264
HEARING DATE(S) : 21/11/06
JUDGMENT DATE : 28 November 2006
JUDGMENT OF : Gzell J
DECISION : Provisional liquidator appointed receiver and manager of the assets of the trusts.
CATCHWORDS : CORPORATIONS - Winding up - General - Application for appointment of provisional liquidator of a company and receiver and manager of the assets of a number of trusts - Appointment of provisional liquidator not opposed - Evidence that moneys raised from investors had found their way into the trusts - Evidence that an individual defendant had caused some corporate defendants to breach asset protection orders - Whether receiver and manager should be appointed
Corporations Act 2001 (Cth) LEGISLATION CITED : Australian Securities and Investments Commission Act 2001 (Cth) Supreme Court Act 1970
ASIC v Sydney Investment House Equities Pty Ltd & 9 Ors [2006] NSWSC 1130 ASIC v Burke [2000] NSWSC 694 ASIC v Marshall Bell Hawkins Ltd & ors (2002) 43 ACSR 340 CASES CITED : ASIC v ABC Fund Managers (2001) 39 ACSR 443 Re HIH Insurance Ltd; ASIC v Adler & ors (2001) 38 ACSR 266 Yunghanns v Candoora No 19 Pty Ltd (No 2) (2000) 35 ACSR 34 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380
Australian Securities and Investments Commission - Plaintiff/Applicant Sydney Investment House Equities Pty Ltd - 1st Defendant/Respondent Sydney Investment House Capital Ltd - 2nd Defendant/Respondent Edwin James Goulding - 3rd Defendant/Respondent Stephen Geagea - 4th Defendant/Respondent PARTIES : Sydney Investment House Pty Ltd - 5th Defendant/Respondent Sydney Investment House (Newcastle) Pty Ltd- 6th Defendant/Respondent Sydney Investment House (Beaconsfield) Pty Ltd - 7th Defendant/Respondent Melbourne Investment House Pty Ltd - 8th Defendant/Respondent Melbourne Investment House (Hawthorn) Pty Ltd - 9th Defendant/Respondent Melbourne Investment House (Collingwood) Pty Ltd - 10th Defendant/Respondent AJEG Holding Pty Ltd -11th Respondent
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