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Australian Securities and Investments Commission v Managed Investments Pty Ltd (No 7)[2014] QSC 72

Reported at [2015] 2 Qd R 32

Australian Securities and Investments Commission v Managed Investments Pty Ltd (No 7)[2014] QSC 72

Reported at [2015] 2 Qd R 32
CITATION: Australian Securities and Investments Commission v Managed Investments Pty Ltd (No 7) [2014] QSC 72
JUDGE(S): Douglas J
DELIVERED ON: 22 April 2014
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Editorial Notes

  • Published Case Name:

    Australian Securities and Investments Commission v Managed Investments Pty Ltd & Ors (No 7)

  • Shortened Case Name:

    Australian Securities and Investments Commission v Managed Investments Pty Ltd (No 7)

  • Reported Citation:

    [2015] 2 Qd R 32

  • MNC:

    [2014] QSC 72

  • Court:

    QSC

  • Judge(s):

    Douglas J

  • Date:

    22 Apr 2014

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2012] QSC 5921 Feb 2012Objection by the seventh defendant to the use of an affidavit annexing affidavits from other proceedings overruled: Fryberg J.
Primary Judgment[2012] QSC 7216 Mar 2012Plaintiff's application for leave to proceed against the first defendant (a company in liquidation) granted: Fryberg J.
Primary Judgment[2012] QSC 7428 Mar 2012Certain paragraphs of defences struck out and directions made that fourth, fifth, sixth, seventh and eighth defendants to comply with UCPR pleading regime: Fryberg J.
Primary Judgment[2013] QSC 1529 Jan 2013Plaintiff's application for summary judgment against the first defendant refused; fifth defendant's application seeking to restrain plaintiff from obtaining summary judgment against first defendant refused: Fryberg J.
Primary Judgment[2013] QSC 28017 Oct 2013Declaration that notices to the fourth to eighth defendants given by the plaintiff pursuant to s 79(1) of the Australian Securities and Investments Commission Act (Cth) are invalid: Douglas J.
Primary Judgment[2013] QSC 31311 Nov 2013Applications to stay trial until determination of New Zealand prosecutions refused: Fryberg J.
Primary Judgment[2013] QSC 35528 Nov 2013Direction made that a witness answer a question: Douglas J.
Primary Judgment[2014] QSC 72 [2015] 2 Qd R 3222 Apr 2014Determination as to the use to which an affidavit may be put without the deponent being cross-examined in relation to it: Douglas J.
Primary Judgment[2014] QSC 20407 Aug 2014Determination made that witness not permitted to be cross-examined by being shown his answer to a question in an examination of him pursuant to s 597 of the Corporations Act 2001 (Cth) where he had claimed privilege against self-incrimination in that examination: Douglas J.
Primary Judgment[2016] QSC 10923 May 2016Primary judgment: defendants' found to have contravened ss 601FC and 601FD of the Corporations Act 2001 (Cth): Douglas J.
Primary Judgment[2017] QSC 9626 May 2017Declaratory relief ordered; fourth, fifth, sixth, seventh and eighth defendants ordered to pay pecuniary penalties and compensation; fourth, fifth, sixth, seventh and eighth defendants disqualified from managing any corporation; costs orders made against fourth, fifth, sixth, seventh and eighth defendants: Douglas J.
Notice of Appeal FiledFile Number: Appeals 6281/17; 6289/17; 6306/17; 6319/17; 6320/1723 Jun 2017Appeals from [2016] QSC 109 and [2017] QSC 96.
Appeal Determined (QCA)[2012] QCA 301 [2013] 2 Qd R 40102 Nov 2012Appeal from [2012] QSC 74 allowed; each of the fourth, fifth, sixth, seventh and eighth defendants to be partly excused from compliance with the UCPR pleading regime: Holmes and White JJA and McMurdo J.
Appeal Determined (QCA)[2013] QCA 8819 Apr 2013Application by Australian Securities and Investments Commission to vary costs order in [2012] QCA 301 refused: Holmes and White JJA and McMurdo J.
Appeal Determined (QCA)[2013] QCA 35703 Dec 2013Appeal from [2013] QSC 313 (refusal of application to stay proceedings) dismissed: Muir and Gotterson JJA and Applegarth J.
Appeal Determined (QCA)[2018] QCA 35218 Dec 2018Appeals from [2016] QSC 109 and [2017] QSC 96. All appeals (and cross-appeals by ASIC) dismissed save for Appeal 6320/17 whereby appealed allowed in part with respect to the conclusion that Mr King was an officer and therefore Mr King's appeal allowed to the extent that he contravened the duties prescribed by s 601FD of the Corporations Act 2001 (Cth): Morrison and McMurdo JJA and Applegarth J.
Appeal Determined (QCA)[2019] QCA 12118 Jun 2019Form of order and costs of [2018] QCA 352: Morrison and McMurdo JJA and Applegarth J.
Special Leave Granted (HCA)[2019] HCATrans 10417 May 2019Special leave application instituted by Australian Securities and Investments Commission against Mr King (Appeal 6320/17) granted: Bell and Keane JJ
Special Leave Refused (HCA)[2020] HCASL 11724 Apr 2020Special leave refused from [2019] QCA 121 (orders varying pecuniary penalty and costs orders but refusing to vary a disqualification order) - those orders were set aside in [2020] HCA 4 and further the grounds sought to be agitated were entirely unpersuasive: Bell and Nettle JJ.
HCA Transcript[2019] HCATrans 19509 Oct 2019Transcript of hearing before High Court of Australia; Australian Securities and Investments Commission's application to add a further ground to the application for special leave: special leave granted; Mr King's application for special leave to cross-appeal refused: Kiefel CJ, Gageler, Keane, Nettle and Gordon JJ.
HCA Judgment[2020] HCA 411 Mar 2020Appeal allowed; paragraphs 1, 2 and 7 of the order of the Court of appeal set aside and in lieu order that the appeal be dismissed: Kiefel CJ, Gageler, Keane, Nettle and Gordon JJ.

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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