Case P61/2011

Kizon v. The Queen and Anor

Case No.

P61/2011

Related matter:

P60/2011 – Mansfield v. The Queen & Anor

Case Information

Lower Court Judgment

16/06/2011 Supreme Court of Western Australia (Court of Appeal) (McLure P, Buss JA, Murray AJA)

[2011] WASCA 132

Catchwords

Corporations law — Insider trading — Inside information — Applicants prosecuted on indictment alleging offences contrary to Corporations Act 2001 (Cth) ("Act"), s 1043A and (former) s 1002G — Trial judge held inside information "must, in general circumstances, be a factual reality" and directed verdicts of acquittal on all but four counts against Mansfield — Whether "information", for purpose of offence in (former) s 1002G and s 1043A of Act, as defined in (former) s 1002G and s 1042A of Act, required to be truthful, a factual reality or based on reasonable grounds — Whether element of offence of insider trading that inside information possessed by accused corresponds with information possessed by entity entitled to have or use it.

Words and Phrases — “information”.

Short Particulars

Documents

09/12/2011 Hearing (SLA, Canberra by V/link to Perth)

23/12/2011 Notice of appeal

06/01/2012 Written submissions (Appellant)

06/01/2012 Chronology (Appellant)

27/01/2012 Written submissions (First Respondent)

03/02/2012 Reply

09/05/2012 Hearing (Full Court, Canberra)

14/11/2012 Judgment   (Judgment summary)