On 21 April 2023 the High Court of Australia in Canberra will hear the special leave applications filed by Mayfair 101 and Managing Director James Mawhinney, to determine whether special leave should be granted for the cases to proceed to trial.
The Mayfair application relates to proceeding VID228 of 2020 initiated by the Australian Securities and Investments Commission in April 2020 for alleged misleading or deceptive conduct in the advertising of Mayfair’s M+ and M Core Fixed Income products.
Mr Mawhinney’s special leave application from proceeding VID524 of 2020 contends the Full Court erred by allowing ASIC the opportunity to re-make its case. Mr Mawhinney’s 20-year ban was overturned by unanimous decision in September 2022 however the Full Court remitted the case to be re-heard based on “exceptional circumstances”.
In December Mr Mawhinney was awarded fifty percent of his costs on an indemnity basis following his successful appeal.
Last month the Federal Court lifted Mr Mawhinney’s international travel ban.
