Maxi EFX Global AU Pty Ltd v Australian Securities and Investments Commission [2021] FCAFC 59 (23 April 2021) (Markovic, Banks-Smith and Abraham JJ)


Catchwords:


CORPORATIONS – appeal from the order of the primary judge under s 70(3) of the Australian Securities and Investments Commission Act 2002 (Cth) that the appellant be required to comply with a notice to produce documents – where the primary judge found the appellant was in possession of documents for the purpose of production pursuant to the notice – where the documents were held by third party service providers – where the primary judge found the appellant lacked a reasonable excuse for failing to comply with the notice – whether the primary judge gave adequate consideration to the lack of cooperation by the third party service providers – whether the primary judge was compelled to accept certain documentary evidence in circumstances where it was not contradicted – whether the primary judge erred in finding it was necessary to lead evidence from the director of the appellant – whether the primary judge took irrelevant matters into account – appeal dismissed