Levi v Australian Securities Investments Commission (No 2) [2013] NSWSC 932

Supreme Court New South Wales

Medium Neutral Citation: Levi v Australian Securities Investments Commission (No 2) [2013] NSWSC 932 Hearing dates: Written Submissions Decision date: 16 July 2013 Jurisdiction: Common Law Before: Rothman J Decision: (1) The non-publication order issued on 3 April 2013 be vacated; (2) The plaintiff shall pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed, including the proceedings relating to the non-publication order and costs; (3) Proceedings dismissed. Catchwords: PRACTICE AND PROCEDURE - COSTS - follow the event - defendant successful - raised two grounds one of which unsuccessful - event was not altered - no unreasonable argument point - SUPPRESSION ORDER - jurisdiction available against Commonwealth officer - order refused on merits Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 Civil Procedure Act 2005 Court Suppression and Non-Publication Orders Act 2010 Evidence Act 1995 Judiciary Act 1903 (Cth) Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Aytugrul v The Queen [2012] HCA 15; (2012) 215 A Crim R 501 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125; (2012) 263 FCR 211 Latoudis v Casey [1990]; HCA 59; (1990) 170 CLR 534 ML v Australian Securities Investments Commission [2013] NSWCA 109 NSW Crime Commission v Lee [2012] NSWCA 276 Ohn v Walton (1995) 36 NSWLR 77 R v Kwok [2005] NSWCCA 245; (2005) 64 NSWLR 335 R v Yates [2002] NSWCCA 520 Re R v Dorel Goia [1988] FCA 302 Category: Consequential orders Parties: Mark Darren Levi (Plaintiff) Australian Securities and Investment Commission (First Defendant) Companies Auditors and Liquidators Disciplinary Board (Second Defendant) Representation: Counsel: R F Sutherland SC / B Hatfield (Plaintiff) N J Williams SC / PD Herzfeld (First Defendant) Submitting appearance (Second Defendant) Solicitors: Armstrong Legal (Plaintiff) Australian Securities and Investment Commission (First Defendant) Australian Government Solicitor (Second Defendant) File Number(s): 2012/354424 Publication restriction: None