NSW Caselaw
New South Wales Supreme Court
CITATION : ASIC v Sigalla (No. 3) [2010] NSWSC 1076
HEARING DATE(S) : 1, 2, 3, 17 & 18 June; 20 & 22 July; 27 August; and 2, 3 and 7 September 2010
JUDGMENT DATE : 8 September 2010
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 8 September 2010
DECISION : Refer to paras 60-61 of judgment.
CATCHWORDS : CORPORATIONS – where defendant charged with contempt in respect of orders made under s 1323 of Corporations Act 2001 (Cth) in the nature of Mareva orders – where defendant submits that no case to answer – whether plaintiff's evidence taken at its highest capable of establishing charges beyond reasonable doubt – construction of orders – onus on defendant to establish reliance on proviso to orders – whether relevant ambiguity in orders restraining removal from Australia and dealing with assets – whether use of credit card constituted "dealing" with asset – whether defendant in contempt for failing to produce bank statements if not in physical custody of statements
LEGISLATION CITED : Corporations Act 2001 (Cth)
CATEGORY : Procedural and other rulings
ASIC v Sigalla (No. 2) [2010] NSWSC 792 ASIC v Sigalla [2010] NSWSC 606 CASES CITED : American Express International Inc v Commissioner of State Revenue [2004] VSCA 193; (2004) 10 VR 145 Kirkpatrick v Kotis [2004] NSWSC 1265; (2004) 62 NSWLR 567 Vines v Djordjevitch (1955) 91 CLR 512
PARTIES : Plaintiff: Australian Securities and Investments Commission Defendant: Andrew Sigalla
FILE NUMBER(S) : SC 2009/290316
COUNSEL : Plaintiff: D R Stack Defendant: C Botsman
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