HIGH COURT OF AUSTRALIA
Australian Securities And Investments Commission
V/s.
Meredith Hellicar
MATTER NOS. S174 TO S181 OF 2011
MAY 3, 2012
ORDER
In matter S174/2011:
1. Appeal allowed with costs.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 17 December 2010 in Matter No 2009/00298416, in which Peter James Shafron was appellant and Australian Securities and Investments Commission was respondent.
3. Remit the matter to the Court of Appeal for determination of so much of the appeal and cross-appeal in that matter as relates to penalty.
4. The costs of the proceedings in the Court of Appeal are to be in the discretion of that Court.
In matters S175/2011 and S180/2011:
1. Appeal allowed with costs.
2. Set aside paragraphs (a), (b), (c) and (e) of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 17 December 2010.
3. Remit the matter to the Court of Appeal for determination of:
(a) so much of the appeal to that Court as relates to relief from liability and penalty; and
(b) the cross-appeal to that Court in relation to costs.
4. The costs of the proceedings in the Court of Appeal are to be in the discretion of that Court.
In matters S176/2011, S177/2011, S178/2011, S179/2011 and S181/2011:
1. Appeal allowed with costs.
2. Set aside paragraphs (a), (b), (c) and (e) of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 17 December 2010.
3. Remit the matter to the Court of Appeal for determination of so much of the appeal to that Court as relates to relief from liability and penalty.
4. The costs of the proceedings in the Court of Appeal are to be in the discretion of that Court.
On appeal from the Supreme Court of New South Wales
Representation
S J Gageler SC, Solicitor-General of the Commonwealth and A J L Bannon SC with R T Beech-Jones SC and S E Pritchard for the appellant (instructed by Clayton Utz Lawyers)
J T Gleeson SC with R S Hollo SC and R J Hardcastle for the respondents in S176/2011 to S179/2011 (instructed by Atanaskovic Hartnell Lawyers)
A S Bell SC with S M Nixon for the respondent in S175/2011 (instructed by Blake Dawson Lawyers)
P M Wood with M S Henry for the respondent in S180/2011 (instructed by Arnold Bloch Leibler)
T Jucovic QC with R C Scruby for the respondent in S181/2011 (instructed by Kemp Strang Lawyers)
B W Walker SC with R P L Lancaster SC and N J Owens for the respondent in S174/2011 (instructed by Middletons Lawyers)
