Postorino v Encryption Technologies Corporation Pty Ltd

In *Postorino v Encryption Technologies Corporation Pty Ltd*, the applicant, Ms Sandrina Postorino, commenced proceedings in the Federal Circuit Court of Australia against Encryption Technologies Corporation Pty Ltd (ETC) and Robert Graeme Pritchard, alleging breaches of the *Trade Practices Act 1974* (Cth) and the *Australian Securities and Investment Commission Act 2001* (Cth). Anthony Colin Coombs was later joined as a third respondent. Pritchard was a director and chairman, and Coombs was a director of ETC at the relevant time in 2008. ETC did not defend the proceedings, and its director, Mr Steven Wollstein, gave evidence. ETC was struck off the register by ASIC prior to judgment.

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.