Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 6)

In the case of Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 6), the Full Court was required to determine the scope and proper construction of a remittal order issued by the court. The court was also required to decide whether new claims contained in an amended originating process were within the scope of the remittal order and whether leave granted to the applicant to file and serve an amended originating process should be revoked. Additionally, the court had to consider whether late-made claims should be allowed in the absence of an explanation for the delay.

The court considered the relevant principles and held that the remittal order was ambiguous and could be interpreted as a continuation of the first trial. The court held that the primary court, on remittal, could not go outside the scope of what was remitted unless it was in the interests of the administration of justice to give leave to reopen. The court also held that the differences between the relief originally sought and the relief now sought by the Australian Securities and Investments Commission (ASIC) were significant and that the amended originating process was not within the scope of the remittal order. Therefore, the leave granted to ASIC to file and serve an amended originating process was revoked.

In light of the above, the court ordered that the leave granted to ASIC be revoked, and ASIC was required to file a further amended originating process within 21 days. The parties were also required to file and serve written submissions not exceeding three pages on the question of costs within seven days. The case highlights the importance of understanding the scope of a remittal order and the need for clarity in the terms of such orders to avoid ambiguity and potential disputes between the parties.