Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 5) [2023] FCA 163

Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 5) [2023] FCA 163

In the absence of opposition or evidence of a current flight risk, and given the parties' consent and the scope of the remittal, it was appropriate to vacate the travel ban order against Mr Mawhinney.

Parties
Plaintiff: Australian Securities and Investments Commission; First Defendant: M101 Nominees Pty Ltd; Second Defendant: James Mawhinney; Third Defendant: Sunseeker Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
23 February 2023
Procedural Posture
Application (practice and Procedure) / Post Appeal Remittal, Application to Vacate Interim Travel Ban Order by Consent
Outcome
Order made by consent vacating the travel ban order against James Mawhinney.
Legal Topics
Asset Preservation Orders, Travel Bans, Remittal From Full Court, Consent Orders, Flight Risk Assessment
Commercial Law Corporations Law Practice and Procedure Asset Preservation Orders Travel Bans Remittal From Full Court Consent Orders Flight Risk Assessment

Case Brief

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Parties

Australian Securities and Investments Commission

Plaintiff

M101 Nominees Pty Ltd

First Defendant

James Mawhinney

Second Defendant

Sunseeker Holdings Pty Ltd

Third Defendant

Procedural Posture

Application (practice and Procedure) / Post Appeal Remittal, Application to Vacate Interim Travel Ban Order by Consent

Legal Issues

  1. 1 Whether the travel ban order against Mr Mawhinney should be vacated by consent
  2. 2 Whether the making of the consent order is within the scope of the remittal orders

Ratio Decidendi

In the absence of opposition or evidence of a current flight risk, and given the parties' consent and the scope of the remittal, it was appropriate to vacate the travel ban order against Mr Mawhinney.

Court Disposition

Order made by consent vacating the travel ban order against James Mawhinney.

Orders

  • Paragraph 7 of the orders made by Justice Anderson on 13 August 2020 be vacated.