Abl Legal Service Ltd & Anor, Ex parte- Re Ausn Securities Com

This matter concerned an application for an order of prohibition brought by Abl Legal Service Ltd and another party (the applicants) against Ausn Securities Com. The application was heard by McHugh J in chambers.

The central legal issue before the Court was whether the applicants were entitled to an order of prohibition to prevent Ausn Securities Com from continuing with certain proceedings. This involved determining the proper scope and application of the remedy of prohibition in the context of the powers and actions of Ausn Securities Com.

McHugh J considered the nature of the power exercised by Ausn Securities Com and the circumstances in which prohibition would be an appropriate remedy. His Honour's reasoning focused on whether Ausn Securities Com was acting in a manner that exceeded its jurisdiction or was otherwise amenable to the supervisory jurisdiction of the Court through an order of prohibition. The principles governing the grant of prerogative writs, particularly prohibition, were central to the determination.

The application was dismissed.