NSW Caselaw
Reported Decision: 74 ACSR 324
New South Wales Court of Appeal
CITATION: O'Brien v Australian Securities and Investments Commissioner; Gillfillan v Australian Securities and Investments Commissioner; Koffel v Australian Securities and Investments Commission [2009] NSWCA 312
HEARING DATE(S): 21 September 2009
JUDGMENT DATE: 1 October 2009
JUDGMENT OF: Tobias JA at 1
EX TEMPORE JUDGMENT DATE: 21 September 2009
(a) The Notice of Motion of Geoffrey Frederick O'Brien filed on 14 September 2009 is dismissed with costs. DECISION: (b) The Notices of Motion of Michael John Gillfillan and Martin Koffel filed on 15 September 2009 are dismissed with costs. (c) The appeals of the applicants be expedited.
CATCHWORDS: CORPORATIONS – Directors – Disqualification from managing a corporation – Whether to grant stay of disqualification orders pending appeal – Stay application not occasion for detailed consideration of merits of appeal – Whether significant repair to damaged reputation worked by granting stay – Whether failure to grant stay would cause significant and irreversible prejudice and damage if appeal succeeded – Stay refused
Bail Act 1978 LEGISLATION CITED: Corporations Act 2001 (Cth) Corporations Law Uniform Civil Procedure Rules 2005
Adler v Australian Securities and Investments Commission [2002] NSWCA 303; (2002) 43 ACSR 35 Adler v Australian Securities and Investments Commission [2003] NSWCA 131; (2003) 46 ACSR 504 Alexander v Cambridge Credit Corporation (Receivers Appointed) (1985) 2 NSWLR 685 Australian Securities and Investments Commission v Adler [2002] NSWSC 483; (2002) 42 ACSR 80 Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 CASES CITED: Australian Securities and Investments Commission v Macdonald (No 12) [2009] NSWSC 714 Australian Securities and Investments Commission v White [2006] VSC 239; (2006) 58 ACSR 261 Dwyer v National Companies and Securities Commission (1988) 15 NSWLR 285 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 737 R v Hilton (1986) 7 NSWLR 745 Rich v Australian Securities and Investments Commission [2004] HCA 42; (2004) 220 CLR 129 Whitlam v Australian Securities and Investments Commission [2002] NSWCA 312; (2002) 43 ACSR 73
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