Crase, J.K. v The Australian Securities Commission

[1994] FCA 574

l JUDGMENT No. ..,,&2LJ9~

COURT OF AUS-	)
)

SOUTH AUSTRALIA DISTBLCT R E G I S W	) )
-	)

FROM A SINGLE JUDGE OF

BETWEEN: -

Appellant

m:

COMMISSION

First Respondent

Second Respondent

ANTHONY FOUN-

ENGLAND

Intervener

!xmkf:  GUMMOW, HILL & COOPER JJ

ELdUxi: MELBOURNE

PBTEP:  10 AUGUST 1994 2 6 AUG 1994

FEDERAL COURT gF

-

made by a delegate of the Australian Securities Commission to	authorise a receiver and manager to apply to this Court for an
examination order under 6.597 of the - .His
Honour came to this conclusion for the reasons given by him in

THE:

This matter was heard by us at the same time as matters numbered SG 33 of 1993, SG 3040 of 1991 and SG 41 of 1994 being an appeal from a judge of this Court (Burchett J) delivered by him on 11 May 1994. In that matter his Honour dismissed a judicial review application to set aside decisions

. . . .

Fre-ck - W v - n Securltles Commlssloq the

judgment in which was handed down at the same time.

It is not suggested that there is any material

difference between the facts of the present case and those in

-. If anything the present case is more favourable to

the respondent than was -.

Accordingly for the reasons we have given in

we would dismiss the appeal with the appellant to pay

the first and second respondents' costs.

I certify that this and the
preceding page

are a true copy of the Reasons

for Judgment of the Court.	-
Associate	Date: 10 August 1994

-

Counsel : Solicitors

for Appellant:	A H Goldberg QC with R J Whitington instructed by Finlaysons
Counsel and Solicitors
for Respondents:	J J O'Halloran with A L Paltridge instructed by the Australian Securities Commission
Counsel and solicitors
for Intervener:	B T Lander QC with J B Jarvis instructed by Kelly & Co.
Dates of Hearing:	14, 15 June 1994
Date Judgment Delivered:	10 August 1994