NSW Caselaw
Reported Decision : 68 ACSR 9
New South Wales Supreme Court
CITATION : Australian Securities and Investments Commission v Krecichwost & Ors [2008] NSWSC 855
HEARING DATE(S) : 11/08/08
JUDGMENT DATE : 21 August 2008
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Young CJ in Eq
DECISION : Plaintiff to pay the costs of the 8th defendant of these proceedings.
CATCHWORDS : CORPORATIONS- [305]- Costs- How costs are to be borne where a section 1323 order is obtained ex parte, later extended by consent and subsequently lapses- Order obtained to aid ASIC investigation- 8th defendant acted reasonably without contesting the order- Held that ASIC must pay the costs of the 8th defendant.
Australian Securities and Investments Commission Act 2001 (Cth), s 246 LEGISLATION CITED : Corporations Act 2001 (Cth), s 1323 Uniform Civil Procedure Rules 2005, Pt 42, rules 1, 19, 20
ASIC v Banovec (White J, 5 September 2007, unreported) ASIC v Burnard (2007) 64 ACSR 360 CASES CITED : ASIC v Burnard (Barrett J, 3 December 2007, unreported) ASIC v Carey (No 3) (2006) 57 ACSR 307 Australian Securities Commission v Aust-Home Investments Ltd (1993) 11 ACSR 136 Re Minister for Immigation; Ex parte Lai Qin (1997) 186 CLR 622
PARTIES : Australian Securities and Investments Commission (P) Kaye Gallie (D8)
FILE NUMBER(S) : SC 3487/07
COUNSEL : D R Stack (P) H S Snow (S) (D8)
SOLICITORS : Kim Turner (P) Swaab Attorneys (D8)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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