Australian Securities & Investments Commission v Axis International Management Pty Ltd (No 4) [2010] FCA 685

Australian Securities & Investments Commission v Axis International Management Pty Ltd (No 4) [2010] FCA 685

Because Seaswan Holdings and its principals lack financial capacity to retain solicitors, and in view of the respondent status, the legally qualified proposed representative, Mr Hill, should be permitted to represent the company, even though he is bankrupt and not currently holding a practising certificate.

Parties
Plaintiff: Australian Securities and Investments Commission; First Defendant: Axis International Management Pty Limited; Second Defendant: Firepower Investments Pte Limited; Third Defendant: Owston Nominees No 2 Pty Ltd; Fourth Defendant: Sattvic Pty Ltd; Fifth Defendant: Seaswan Holdings Pty Ltd; Sixth Defendant: Quentin Phillip O'Doherty Ward; Seventh Defendant: Timothy Francis Johnston; Eighth Defendant: Green Triton Limited
Jurisdiction
Australia
Judgment Date
21 June 2010
Procedural Posture
Practice & Procedure (motion) / Interlocutory Application for Leave to Be Represented by a Non Solicitor
Outcome
Leave granted
Legal Topics
Corporate Representation, Leave to Appear by Non Solicitor
Practice and Procedure Corporate Representation Leave to Appear by Non Solicitor

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Parties

Australian Securities and Investments Commission

Plaintiff

Axis International Management Pty Limited

First Defendant

Firepower Investments Pte Limited

Second Defendant

Owston Nominees No 2 Pty Ltd

Third Defendant

Sattvic Pty Ltd

Fourth Defendant

Seaswan Holdings Pty Ltd

Fifth Defendant

Quentin Phillip O'Doherty Ward

Sixth Defendant

Timothy Francis Johnston

Seventh Defendant

Green Triton Limited

Eighth Defendant

Procedural Posture

Practice & Procedure (motion) / Interlocutory Application for Leave to Be Represented by a Non Solicitor

Legal Issues

  1. 1 Whether a corporate defendant, Seaswan Holdings Pty Ltd, should be granted leave under Order 4 r 14(2) of the Federal Court Rules to be represented by a legally qualified but bankrupt person other than a solicitor

Ratio Decidendi

Because Seaswan Holdings and its principals lack financial capacity to retain solicitors, and in view of the respondent status, the legally qualified proposed representative, Mr Hill, should be permitted to represent the company, even though he is bankrupt and not currently holding a practising certificate.

Court Disposition

Leave granted

Orders

  • The fifth defendant be granted leave to proceed without a solicitor and to be represented by Gordon Leslie Hill in these proceedings.
  • There be no order as to costs.