Tindall and Australian Securities and Investments Commission

The applicant, Tindall, sought review of a decision by the Australian Securities and Investments Commission (ASIC) to ban him from providing financial services for five years. The ASIC delegate had made this banning order following Tindall's contravention of financial services law, specifically finding that his conduct was misleading or deceptive and dishonest.

The primary legal issues before the court were whether Tindall's conduct constituted misleading or deceptive conduct and dishonesty, and whether the five-year banning order imposed by ASIC was appropriate in length.

Deputy President McCabe P considered Tindall's misleading or deceptive conduct and his apparent lack of contrition. The Deputy President concluded that these factors justified a banning period longer than the minimum of three years. While the Deputy President considered whether a longer period than five years might be appropriate, this was not argued at the hearing. Consequently, the Deputy President found a five-year ban to be clearly appropriate.

The decision under review was affirmed.