Montgomery v Stewart [1967] HCA 11

The offence under s. 43 of the Companies Act 1958 (Vic) is constituted by authorizing the issue of a prospectus containing any untrue statement or wilful non-disclosure, and only one offence arises from each authorization irrespective of the number of alleged false statements; the exculpatory provisions are to be applied distributively to each statement.

Jurisdiction: Australia
Procedural Posture: Application for Special Leave to Appeal / Application for Special Leave to Appeal Refused
Outcome: application for special leave to appeal refused with costs
Legal Topics: ['prospectus Offences' 'duplicity of Charges' 'exculpation' 'companies Act 1958 (vic) S.43']

['criminal Law' 'company Law'] ['prospectus Offences' 'duplicity of Charges' 'exculpation' 'companies Act 1958 (vic) S.43']

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Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal Refused

Legal Issues

1 ['Whether authorizing the issue of a prospectus containing multiple untrue statements constitutes one offence or multiple offences under s. 43 of the Companies Act 1958 (Vic)' 'Whether the exculpatory provisions of s. 43 require charges to be confined to particular statements']

Ratio Decidendi

Court Disposition

application for special leave to appeal refused with costs

Orders

['Application for special leave to appeal refused with costs' 'Other pending applications involving the same point also dismissed']