Australian Securities and Investments Commission v Antares Energy Ltd (administrators appointed) [2017] FCA 1518

Australian Securities and Investments Commission v Antares Energy Ltd (administrators appointed) [2017] FCA 1518

Leave to serve Mr Cruickshank in the United States of America was granted because the Court had jurisdiction under s 1337B of the Corporations Act 2001 (Cth), the proceeding fell within r 10.42 because it was based on alleged contraventions of an Act committed in Australia, ASIC demonstrated a prima facie case through evidence of the ASX announcements, share price movement and emails involving Mr Cruickshank, and the proposed Hague Convention method of personal service in the United States was supported by evidence and raised no discretionary reason to refuse relief.

Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Practice and Procedure; Corporations Civil Penalty Proceeding / Interlocutory Application for Leave to Serve Originating Process and Other Court Documents on the Second Defendant Out of Australia, and for Leave to Commence and Maintain Proceedings Against a Company in Administration
Outcome
Application granted; orders made for leave to proceed against the first defendant on conditions and for service on the second defendant in the United States of America.
Legal Topics
['service Out of Australia' 'continuous Disclosure' 'civil Penalties' "directors' Duties" 'company Administration' 'hague Convention Service']
['practice and Procedure' 'corporations Law'] ['service Out of Australia' 'continuous Disclosure' 'civil Penalties' "directors' Duties" 'company Administration' 'hague Convention Service']

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Procedural Posture

Practice and Procedure; Corporations Civil Penalty Proceeding / Interlocutory Application for Leave to Serve Originating Process and Other Court Documents on the Second Defendant Out of Australia, and for Leave to Commence and Maintain Proceedings Against a Company in Administration

Legal Issues

  1. 1 ['Whether the Court had jurisdiction in respect of the proceeding for the purposes of r 10.43(4) of the Federal Court Rules 2011 (Cth).' 'Whether the proceeding was of a kind mentioned in r 10.42 of the Federal Court Rules 2011 (Cth).' 'Whether ASIC demonstrated a prima facie case for all or any of the relief claimed against Mr Cruickshank.' 'Whether service in the United States of America should be permitted under the Hague Convention.']

Ratio Decidendi

Leave to serve Mr Cruickshank in the United States of America was granted because the Court had jurisdiction under s 1337B of the Corporations Act 2001 (Cth), the proceeding fell within r 10.42 because it was based on alleged contraventions of an Act committed in Australia, ASIC demonstrated a prima facie case through evidence of the ASX announcements, share price movement and emails involving Mr Cruickshank, and the proposed Hague Convention method of personal service in the United States was supported by evidence and raised no discretionary reason to refuse relief.

Court Disposition

Application granted; orders made for leave to proceed against the first defendant on conditions and for service on the second defendant in the United States of America.

Orders

  • ['The plaintiff has leave, pursuant to s 440D(1) of the Corporations Act 2001 (Cth), to commence and maintain Federal Court of Australia proceeding no WAD 588 of 2017 against Antares Energy (administrators appointed) ACN 009 230 835, on condition that ASIC continues to seek only declaratory relief, but not pecuniary...