ASIC v Sigalla [2010] NSWSC 606

New South Wales Supreme Court

CITATION : ASIC v Sigalla [2010] NSWSC 606

HEARING DATE(S) : 01/06/10

JUDGMENT DATE : 2 June 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 2 June 2010

DECISION : Order that the first defendant's application that each of the charges in paragraphs 14-19, 26-42 and 55-57 of the further amended statement of charge dated 24 May 2010 and the relief sought in corresponding paragraphs of the further amended interlocutory process dated 24 May 2010 be dismissed.

CATCHWORDS : CORPORATIONS – charges of contempt in respect of orders made under s 1323 of Corporations Act in the nature of Mareva orders – application to strike out charges of contempt – whether impugned charges are so clearly untenable that could not possibly succeed – construction of orders – whether person charged dealt with assets by using credit card to pay for services – no evidence of circumstances in which orders were made which may bear on construction of orders

CATEGORY : Procedural and other rulings

R & I Bank of Western Australia Ltd v Anchorage Investments Pty Ltd (1993) 10 WAR 59 Australian Consolidated Press Limited v Morgan (1965) 112 CLR 483 Re Richstar Enterprises Pty Ltd (ACN 099 071 968); Australian Securities and Investments Commission v Carey (No. 3) [2006] FCA 433; (2006) 57 ASCR 307 Re Card Charge Services Limited [1989] Ch 497 CASES CITED : General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Kirkpatrick v Kotis [2004] NSWSC 1265; (2004) 62 NSWLR 567 Athens v Randwick City Council [2005] NSWCA 317 Wyszynski v Bill [2005] NSWSC 110 American Express International Inc v Commissioner of State Revenue [2004] VSCA 193; (2004) 10 VR 145 Prime Wheat Association Ltd (ACN 000 245 269) v Chief Commissioner of Stamp Duties (1997) 42 NSWLR 505