ASIC v Sweeney No.3 [2001] NSWSC 616

ASIC v Sweeney No.3 [2001] NSWSC 616

The statement to which objection was taken was accurate: ASIC could have chosen to assert contraventions in criminal proceedings, as empowered by s 49 ASIC Act. The defendant failed to establish grounds for deletion of the sentence from reasons for judgment.

Jurisdiction
Australia
Judgment Date
23 July 2001
Procedural Posture
Equity / Application to Correct Reasons for Judgment
Outcome
Application refused.
Legal Topics
["commission's Power to Prosecute" 'correction of Previously Published Reasons for Judgment']
['corporations' 'practice and Procedure'] ["commission's Power to Prosecute" 'correction of Previously Published Reasons for Judgment']

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Procedural Posture

Equity / Application to Correct Reasons for Judgment

Legal Issues

  1. 1 ['Whether the reasons for judgment should be corrected by deleting a contested sentence' "Commission's power to prosecute under ASIC Act s 49"]

Ratio Decidendi

The statement to which objection was taken was accurate: ASIC could have chosen to assert contraventions in criminal proceedings, as empowered by s 49 ASIC Act. The defendant failed to establish grounds for deletion of the sentence from reasons for judgment.

Court Disposition

Application refused.

Orders

  • ['No amendment to previous reasons for judgment.' 'No order as to costs.']