Jameson v Professional Investment Services Pty Ltd

Case

[2009] NSWCA 28

25 February 2009


Details
AGLC Case Decision Date
Jameson v Professional Investment Services Pty Ltd [2009] NSWCA 28 [2009] NSWCA 28 25 February 2009

CaseChat Overview and Summary

The appeal concerned a dispute between Jameson (the appellant) and Professional Investment Services Pty Ltd (the respondent) regarding financial services. The proceedings were brought in the Supreme Court of New South Wales.

The central legal issues before the court were whether the respondent had contravened provisions of the *Corporations Act 2001* (Cth) and the *Australian Securities and Investments Commission Act 2001* (Cth) concerning disclosure requirements, the issue of a proscribed interest in an unregistered scheme, and misleading or deceptive conduct. Additionally, the court considered whether the proceedings could be maintained as a representative proceeding under the Uniform Civil Procedure Rules 2005 (NSW), specifically regarding the definition of the group and the court's discretion to allow or disallow such proceedings.

The court allowed the appeal, setting aside earlier orders made by Young CJ in Eq and dismissing the respondent's interlocutory process. The court ordered that the respondent pay the appellant's costs of the appeal and the interlocutory process.
Details

Areas of Law

  • Commercial Law

  • Civil Procedure

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Costs

  • Statutory Construction

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Most Recent Citation
Gothard v Davey [2010] FCA 1163

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Statutory Material Cited

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