In early 2012, four closely related companies and individuals associated with those companies operated a ‘yellow page’ business directory scam and were ordered to pay administrative monetary penalties over $8 million.
The Court of Appeal recently heard an appeal by one of those individuals who claimed he was deprived of a fair hearing due to the application judge’s failure to adjourn the hearing to allow him to adduce evidence that was relevant to his defence. Mr. Green, who was ordered to pay $500,000 in AMPs suggested his lawyer’s ineffectiveness prevented him from adducing the evidence. The Court of Appeal ruled that the application judge had no independent obligation to intervene with Mr. Green’s counsel and the presentation of the case. Mr. Green was aware of the misleading representations made by the Yellow companies and he was responsible for many of their activities. The Court refused to allow him to introduce new evidence and declined to lower the AMP that was ordered by the application judge.
Read article on Superior Court decision
Read the Court of Appeal decision.