Gothard v Fell; in the matter of Allco Financial Group Ltd
(receivers and managers appointed) (in liq) (2012) 88 ACSR
328
On 15 May 2012, Jacobson J of the Federal Court of Australia
allowed an application by Receivers to be released from
confidentiality undertakings so that use could be made of
Australian Securities and Investments Commission
(ASIC) examination transcripts.
Gordon Fell and David Coe (the first and second respondents)
were both former directors of Allco Finance Group Limited
(Allco), a listed public company. In October 2007
Allco purchased, from companies associated with Fell and Coe,
shares in Rubicon Holdings (Aust) Ltd (Rubicon)
for $64 million and shares in Allco (Rubicon
Deal). Allco collapsed in late 2008. The ASIC conducted an
investigation into Allco's collapse, during which it examined
Fell and Coe (among others) and obtained documents under its powers
in Part 3 of the ASIC Act 2001 (Cth) (Act). Fell and Coe were both
examined at length
