FEDERAL COURT OF AUSTRALIA
Kennedy v Australian Securities & Investments Commission & Ors
[2005] FCAFC 32
CORRIGENDUM
TREVOR JOHN KENNEDY v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH OF AUSTRALIA AND ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA
V917 OF 2004
BLACK CJ, MERKEL AND EMMETT JJ
10 MARCH 2005 (CORRIGENDUM 10 MARCH 2005)
MELBOURNE (HEARD IN SYDNEY)
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
V917 OF 2004 |
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BETWEEN: |
TREVOR JOHN KENNEDY APPLICANT
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AND: |
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION FIRST RESPONDENT
DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH OF AUSTRALIA SECOND RESPONDENT
ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA THIRD RESPONDENT
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DATE OF ORDER: |
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WHERE MADE: |
MELBOURNE (HEARD IN SYDNEY) |
CORRIGENDUM
1 The final sentence of paragraph [29] of the reasons for judgment which states that, “Mr Kennedy was at that time an officer of Offset, in that he was a director of Offset”, should be deleted.
2 Paragraph [30] of the reasons for judgment should be amended to read:
“It is asserted that, on the assumption that Mr Kennedy had a relevant interest in, or was entitled to, at least 5% of the shares in Offset in the period 1 September 1994 to 28 February 1995 and on the assumption that Mr Kennedy was an officer of Offset and authorised or permitted statements to be made to ASX on 4 and 11 May 1995 concerning shares in Offset, he committed an offence under s 1309(1) of the Corporations Law.”
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Chief Justice Black and the Honourable Justices Merkel and Emmett. |
Associate:
Dated: 10 March 2005
