Australian Securities and Investments Commission v Secured Bond Ltd [2009] NSWSC 578

Australian Securities and Investments Commission v Secured Bond Ltd [2009] NSWSC 578

Considering the ongoing major investigation and the need to assure availability of Mr Collard for examination, the extension of the passport order for eight weeks is warranted to protect the interests of aggrieved investors, balancing these against the respondent's personal and business circumstances.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 June 2009
Procedural Posture
Application / Hearing and Judgment on Extension of Orders
Outcome
Passport control order against the third defendant (Mr Collard) extended for eight weeks; otherwise, asset preservation and passport orders extended to 30 November 2009.
Legal Topics
['financial Services Licences' 'managed Investment Schemes' 'passport Control Orders' 'asset Preservation Orders']
['corporations'] ['financial Services Licences' 'managed Investment Schemes' 'passport Control Orders' 'asset Preservation Orders']

Source-derived case record

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Procedural Posture

Application / Hearing and Judgment on Extension of Orders

Legal Issues

  1. 1 ['Whether to extend the passport order against the third defendant for a further period' "Balance between protection of aggrieved parties and interference with the respondent's affairs"]

Ratio Decidendi

Considering the ongoing major investigation and the need to assure availability of Mr Collard for examination, the extension of the passport order for eight weeks is warranted to protect the interests of aggrieved investors, balancing these against the respondent's personal and business circumstances.

Court Disposition

Passport control order against the third defendant (Mr Collard) extended for eight weeks; otherwise, asset preservation and passport orders extended to 30 November 2009.

Orders

  • ['Passport order against Mr Collard extended for eight weeks from date of judgment.' 'Asset preservation and passport orders otherwise extended to 30 November 2009.']