Australian Securities Commission v Marlene Bronwyn Staines

[1991] FCA 890

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JUDGMENT NO. ... ........ .. ./%..-.."

IN THE FEDERAL COURT OF AUSTRALIA )	NO. QG 3011 of 1991
QUEENSLAND DISTRICT REGISTRY	1
GENERRL DIVISION	)

BETWEEN: AUSTRALIAN SECURITIES COMMISSION

Applicant

AND: MARLENE BRONWYN STAINES

Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER:	PINCUS J.
DATE OF ORDER:	3 SEPTEMBER 1991
WHERE MADE:	BRISBANE
THE COURT ORDERS THAT:

1.    The respondent appear before the Commission's officer Brendan Charles Behan at the office of the Commission at 240 Queen Street, 22nd floor, at 1 0 a.m. on 17 September 1991 for examination.

2.    There be no order as to costs.

NOTE :

- Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.

IN THE F E D E W COURT OF AUSTRALIA	)	No. QG 3011 of 1991
QUEENSLAND DISTRICT REGISTRY	1
GENERAL DIVISION	)

BETWEEN: AUSTRALIAN SECURITIES COMMISSION

Applicant

AND: MARLENE BRONWYN STAINES

Respondent

C O W :  PINCUS J.

PLACE: BRISBANE

W: 3 SEPTEMBER 1991

EX TEMPORE REASONS FOR JUDGMENT

I will order that the respondent appear before the

Commission's officer, Brendan Charles Behan, at the office of
the Commission at 240 Queen Street, at 10 am on 17 September

1991 for examination.

I had previously proposed that the application be

otherwise adjourned; I do not propose to do that, now. I

will not make any further order on the application. In

particular, I will not make any order for costs.

The reasons why I will not make any orders for costs
are as follows. First of all the respondent has sworn, and it
was not challenged, that she had the impression she had not
been properly served. It is true that, as Mr. Behan says, the
law appears to make it possible to serve her other than
personally; Mr. Behan's submissions seem to amount to this,
that is, that if a lay person does not understand this

extremely complicated statute, which very few iawyers
understand, then he or she must be mulcted in costs. I do not

think that is right.

The second aspect of it is that Mrs. Staines came

that she came from Moranbah, which is a long distance away, to
be examined. She came in response to the application and in
fact her coming was an over-response. Had it not been for
what she says (and I accept) was her apprehension about Mr. today under a misapprehension, so she says, and I believe her; telephoned Mr. Behan.

In short, I think that to some extent there has been

fault on both sides. These things must be run with some
recognition of the fact that not everybody in the community
can afford to have lawyers guiding them. So I will not make

any order for costs, and the Court will adjourn.

I certify that this and the

preceding page are a true
copy of the reasons for
judgment herein of his
Honour Mr Justice Pincus

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Associate