Australian Securities and Investments Commission v Wong [2010] FCA 649

Australian Securities and Investments Commission v Wong [2010] FCA 649

The Court lacked power to make orders under s 1323 against Ms Choi because ASIC relied on s 1323(1)(a), but the investigation commenced on 7 December 2009 was not in relation to any act or omission by Ms Choi constituting or possibly constituting a contravention of the Corporations Act 2001 (Cth). She was therefore...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 June 2010
Procedural Posture
Corporations Proceeding by ASIC Seeking Orders Under S 1323(1)(j) and (k) of the Corporations Act 2001 (cth) / Interim Application Concerning Extension of Passport Surrender and Travel Restraint Orders Against the Second Defendant
Outcome
ASIC's application for interim relief against the second defendant was dismissed; passports and tickets were ordered to be returned; ASIC was ordered to pay the second defendant's costs on the conventional basis.
Legal Topics
['asic Investigation' 'corporations Act Travel Restraint and Passport Surrender Orders' 'relevant Person Under S 1323' 'interim Relief' 'indemnity Costs']
['corporations Law' 'practice and Procedure' 'costs'] ['asic Investigation' 'corporations Act Travel Restraint and Passport Surrender Orders' 'relevant Person Under S 1323' 'interim Relief' 'indemnity Costs']

Source-derived case record

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Procedural Posture

Corporations Proceeding by ASIC Seeking Orders Under S 1323(1)(j) and (k) of the Corporations Act 2001 (cth) / Interim Application Concerning Extension of Passport Surrender and Travel Restraint Orders Against the Second Defendant

Legal Issues

  1. 1 ['Whether the Court had power under s 1323 of the Corporations Act 2001 (Cth) to make passport surrender and travel restraint orders against the second defendant.' 'Whether the ASIC investigation was in relation to an act or omission by the second defendant that constituted or may constitute a contravention of the Corporations Act 2001 (Cth).' 'Whether costs should be ordered against ASIC on an indemnity basis.']

Ratio Decidendi

The Court lacked power to make orders under s 1323 against Ms Choi because ASIC relied on s 1323(1)(a), but the investigation commenced on 7 December 2009 was not in relation to any act or omission by Ms Choi constituting or possibly constituting a contravention of the Corporations Act 2001 (Cth). She was therefore not the relevant person to whom passport surrender and travel restraint orders under s 1323(1)(j) and (k) could apply. ASIC's application for interim relief against her was dismissed, with ordinary costs but not indemnity costs because the case did not have the special or unusual features required for such an order.

Court Disposition

ASIC's application for interim relief against the second defendant was dismissed; passports and tickets were ordered to be returned; ASIC was ordered to pay the second defendant's costs on the conventional basis.

Orders

  • ['Such passports and tickets as were delivered up to the Registry, or to the plaintiff, pursuant to order 7 made by the court on 8 June 2010 be returned to the second defendant or to her solicitors.' "The plaintiff's application for interim relief against the second defendant be dismissed." "The plaintiff pay the...