Australian Securities Commission v AS Nominees Ltd & Ors [1995] FCA 812

Australian Securities Commission v AS Nominees Ltd & Ors [1995] FCA 812

Given some investors have already learned of the proceedings through media coverage and open court, formal publication is now necessary to ensure equality of knowledge and opportunity among all investor-beneficiaries, in accordance with trust law's tenet of equal treatment.

Jurisdiction
Australia
Judgment Date
17 August 1995
Procedural Posture
Corporations Winding Up Application / Interlocutory Application Regarding Publication of Notice Under Federal Court Rules
Outcome
Order varied to require publication of notice of application for winding up under Order 71 rule 36(8).
Legal Topics
['winding Up of Companies' 'publication of Notice of Proceedings' 'interests of Investor Beneficiaries' 'equality of Treatment Under Trust Law']
['corporations Law' 'practice and Procedure' 'trusts and Trustees'] ['winding Up of Companies' 'publication of Notice of Proceedings' 'interests of Investor Beneficiaries' 'equality of Treatment Under Trust Law']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Winding Up Application / Interlocutory Application Regarding Publication of Notice Under Federal Court Rules

Legal Issues

  1. 1 ['Whether notice of winding up proceedings against trustee companies should be published under Order 71 rule 36(8) of the Federal Court Rules' 'How to balance the interests of trustees, investors, and the commercial ramifications of publication']

Ratio Decidendi

Given some investors have already learned of the proceedings through media coverage and open court, formal publication is now necessary to ensure equality of knowledge and opportunity among all investor-beneficiaries, in accordance with trust law's tenet of equal treatment.

Court Disposition

Order varied to require publication of notice of application for winding up under Order 71 rule 36(8).

Orders

  • ['The Court varies its order of 8 August 1995 by ordering the publication of the Notice of Application, pursuant to Order 71 rule 36(8).']