Forrest v Australian Securities and Investment Commission

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND KIEFEL JJMatter No P44/2011JOHN ANDREW HENRY FORREST  APPELLANTANDAUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION & ANOR  RESPONDENTSMatter No P45/2011FORTESCUE METALS GROUP LTD   APPELLANTANDAUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION & ANOR  RESPONDENTSForrest v Australian Securities and Investments Commission Fortescue Metals Group Ltd v Australian Securities and Investments Commission [2012] HCA 392 October 2012P44/2011 & P45/2011ORDERIn each matter:1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 18 February 2011 as varied on 20 May 2011 and, in their place, order that the appeal by the Australian Securities and Investments Commission to that Court be dismissed with costs.3.Special leave to cross-appeal granted, treated as instituted and heard instanter, and dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationA J Myers QC with M Thangaraj SC for the appellant in P44/2011 and the second respondent in P45/2011 (instructed by Gadens Lawyers)D F Jackson QC with B Dharmananda SC for the appellant in P45/2011 and the second respondent in P44/2011 (instructed by Corrs Chambers Westgarth)N J Young QC with M K Moshinsky SC, J A Thomson and A D Pound for the first respondent in both matters (instructed by King & Wood Mallesons)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSForrest v Australian Securities and Investments CommissionFortescue Metals Group Ltd v Australian Securities and Investments CommissionCorporations law – Misleading or deceptive conduct – Fortescue made agreements...