Recent Cases

Kim v Wang [2023] FCAFC 115 (25 July 2023) (Moshinsky, Lee and Jackman JJ)


Catchwords:


CORPORATIONS – misleading or deceptive conduct in relation to financial services – accessorial liability – where the applicant alleged at first instance that two companies (TM Index and TMK Index) made representations to potential investors that the companies’ investments were legitimate and regulated by the Australian Securities and Investments Commission – where the real issue at first instance was whether the respondent was involved in making the representations – where the primary judge was not satisfied that the respondent had actual knowledge of the making and falsity of the representations – whether the primary judge erred in not inferring that the respondent had actual knowledge of these matters