National Futrax Pty Ltd v Australian Securities Commission & Australian Securities Commission v National Futrax Pty Ltd [1997] FCA 1555

National Futrax Pty Ltd v Australian Securities Commission & Australian Securities Commission v National Futrax Pty Ltd [1997] FCA 1555

Leave to appear otherwise than by solicitor was refused, as NF did not satisfactorily demonstrate financial incapacity or adequate explanation, and given the legal complexity of the proceedings, it was not appropriate to grant leave.

Jurisdiction
Australia
Judgment Date
27 November 1997
Procedural Posture
Application and Cross Claim / Interlocutory (application for Leave, Adjournment)
Outcome
Leave to appear without solicitor refused; hearing adjourned; costs of adjournment to respondent/cross-claimant.
Legal Topics
['company Representation Without Solicitor' 'investment Advice Business' 'misleading or Deceptive Conduct']
['practice and Procedure' 'corporations Law' 'trade Practices'] ['company Representation Without Solicitor' 'investment Advice Business' 'misleading or Deceptive Conduct']

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Procedural Posture

Application and Cross Claim / Interlocutory (application for Leave, Adjournment)

Legal Issues

  1. 1 ["Whether 'sufficient reason' is shown for company to appear otherwise than through a solicitor" 'Whether evidence of financial incapacity to secure legal representation is adequate' 'Legal characterisation of software marketing as provision of investment advice or securities business' 'Allegations of misleading or deceptive conduct contrary to statute']

Ratio Decidendi

Leave to appear otherwise than by solicitor was refused, as NF did not satisfactorily demonstrate financial incapacity or adequate explanation, and given the legal complexity of the proceedings, it was not appropriate to grant leave.

Court Disposition

Leave to appear without solicitor refused; hearing adjourned; costs of adjournment to respondent/cross-claimant.

Orders

  • ['The hearing of the application and the cross-claim is adjourned; the parties have leave to seek a new hearing date from the District Registrar on reasonable notice to each other.' "The applicant/cross-respondent to pay the respondent/cross-applicant's costs thrown away by the adjournment." 'Interlocutory...