FEDERAL CIRCUIT COURT OF AUSTRALIA
| POSTORINO v ENCRYPTION TECHNOLOGIES CORPORATION PTY LTD & ORS | [2015] FCCA 1634 |
| Catchwords: CONSUMER LAW – Application commenced under the Trade Practices and Australian Securities and Investments Commission Act 2001 (Cth) claiming misleading or deceptive conduct in relation to the purchase of shares in respondent company – whether Court has implicit or accrued jurisdiction – whether federal claim “colourable” or bound to fail – whether to assume jurisdiction – application dismissed. |
| Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss.12BAA, 12BAB, 12BA(2), 12DA, 12GF, 12GJ |
Keep reading for free
Create a free CaseChat account to read Postorino v Encryption Technologies Corporation Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] FCCA 1634
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was the applicant's claim against the respondents under the *Trade Practices Act* and the *ASIC Act*. Given that ETC had been struck off the register, the Court also needed to consider the implications of this for the ongoing proceedings against the company.
Lloyd-Jones J noted that as ETC had been struck off the register, there was no power to proceed against the company. However, the pleadings against ETC were not abandoned. The Court ordered that the name of the first respondent be amended to "Encryption Technologies Corporation ACN 104 040 299". The application filed on 27 January 2009 was dismissed, and there were no orders as to costs.
Orders
Orders of the court
1.
The name of the first respondent be amended to “Encryption Technologies Corporation ACN 104 040 299”.
2.
The Application filed 27 January 2009 be dismissed.
3.
There be no order as to costs.
FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY
SYG 187 of 2009
SANDRINA POSTORINO
Applicant
And
ENCRYPTION TECHNOLOGIES CORPORATION PTY LTD
(ACN 104 040 299)
First Respondent
ROBERT GRAEME PRITCHARD
Second Respondent
ANTHONY COLIN COOMBS
Third Respondent
REASONS FOR JUDGMENT
Introduction
1.
On 27 January 2009, the applicant, Ms Sandrina Postorino (“Postorino”) commenced proceedings in this Court against the First Respondent, Track ‘N’ Find Pty Ltd, ANC 104 040 299 (now known as Encryption Technologies Corporation Pty Ltd) (“ETC”) and the Second Respondent, Robert Graeme Pritchard (“Pritchard”) under the provisions of the Trade Practices Act 1974 (Cth) (the “TP Act”) and Australian Securities and Investment Commission Act 2001 (Cth) (the “ASIC Act”). On 1 November 2012, the solicitors for Postorino filed an application for a joinder of a third respondent to the proceedings, being Anthony Colin Coombs (“Coombs”). At a hearing on 13 December 2012 orders were made that Coombs be joined as a third respondent to the proceedings. Pritchard was a director and the chairman, while Coombs was a director of ETC at the time of the events relevant to these proceedings in 2008.
2.
At the final hearing, the Court was advised that ETC was not defending these proceedings. Its Director, Mr Steven Wollstein (“Wollstein”) gave evidence in Postorino’s case, as did another former director, Mr Devlin Stuart Miotti (“Miotti”). ETC was struck off the register by ASIC on 30 July 2014. As the company has been struck off the register before judgment, there is no need (or power) to proceed against the company; however the pleadings against ETC are not abandoned.
3.
In accordance with normal practice adopted by the Court, the matter was referred to a Registrar for mediation pursuant to Part 27 of the
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.