King v Australian Securities and Investments Commission

Case

[2020] HCASL 117

KING

v

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION & ANOR

[2020] HCASL 117
B46/2019

  1. The applicant was knowingly concerned in contraventions of the Corporations Act 2001 (Cth). He seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland (Morrison and McMurdo JJA and Applegarth J) varying pecuniary penalty and costs orders against him but refusing to vary a disqualification order against him. He requires an extension of time within which to file an application for special leave.

  2. The orders against which the applicant seeks special leave to appeal have been set aside by this Court and, in their place, the applicant has been ordered to pay the respondent's costs of the appeal to the Court of Appeal[1].  Furthermore, the grounds sought to be agitated in support of the appeal are entirely unpersuasive.  Accordingly, it would be futile to grant the extension of time required.

    [1]Australian Securities and Investments Commission v King (2020) 94 ALJR 293 at 307 [69] per Kiefel CJ, Gageler and Keane JJ (Nettle and Gordon JJ agreeing at 307 [71]).

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M Bell G.A.A Nettle
24 April 2020