Schwartz, in the matter of Babybelle Pty Ltd (ACN 116 052 683) [2007] FCA 1469
On the current material, the Court is not persuaded it is appropriate to grant Mr Schwartz leave to manage Babybelle Pty Ltd, taking into account the unsatisfactory evidence regarding the business structure, Mr Schwartz's role, the lack of detail about financial circumstances and public risk, and the legislative policy to protect the public from management by persons convicted of dishonesty.
- Jurisdiction
- Australia
- Judgment Date
- 04 September 2007
- Procedural Posture
- Application Under Corporations Act S 206 G / Judgment on Ex Parte Application
- Outcome
- application dismissed
- Legal Topics
- ['disqualification of Directors' 'managing Corporations While Disqualified' 'leave to Manage Corporation' 'director Offences Involving Dishonesty']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application Under Corporations Act S 206 G / Judgment on Ex Parte Application
Legal Issues
- 1 ['Whether Mr Schwartz should be granted leave under s 206G of the Corporations Act 2001 (Cth) to manage Babybelle Pty Ltd while disqualified due to conviction for dishonesty offences']
Ratio Decidendi
On the current material, the Court is not persuaded it is appropriate to grant Mr Schwartz leave to manage Babybelle Pty Ltd, taking into account the unsatisfactory evidence regarding the business structure, Mr Schwartz's role, the lack of detail about financial circumstances and public risk, and the legislative policy to protect the public from management by persons convicted of dishonesty.
Court Disposition
application dismissed
Orders
- ['The application be dismissed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment