No Abuse of Process in Bringing Second Set of Proceedings With Related Subject Matter

In February, Victoria's Court of Appealoverturned a decision preventing the Australian Securities and Investments Commission ("ASIC") from bringing a second set of civil penalty proceedings against former AWB Ltd Managing  Director, Mr Andrew Lindberg. ASIC brought its appeal after failed attempts to include new allegations with related subject matter into the first set of proceedings.

In a unanimous decision, the Court of Appeal found that the primary judge's decision to halt the second case was wrong and gave insufficient attention to the public interest in the adjudication of allegations of significant wrongdoing in the conduct of an Australian company's foreign business (Australian Securities and Investments Commission v Lindberg (No.2) (2010) 265 ALR 517).