Crase, J.K. v The Australian Securities Commission

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

CaseChat Overview and Summary

The matter of Crase, J.K. v The Australian Securities Commission involved an appeal against a decision made by a delegate of the Australian Securities Commission (ASC). The appellant, J.K. Crase, sought judicial review to set aside decisions made by the ASC. The case was heard by Gummow, Hill, and Cooper JJ in the Federal Court of Australia. The appeal was dismissed by Burchett J on 11 May 1994, and Crase sought further judicial review. The court examined the appeal and the related matters, finding no material difference between the cases. The court found that the appeal should be dismissed and that Crase should pay the respondents' costs.

The primary legal issue before the court was whether the decisions made by the ASC delegate were subject to judicial review and whether the decisions were made lawfully and rationally. The court had to determine if the ASC delegate's actions were within their statutory powers and whether the decisions were based on appropriate considerations. The court also had to assess whether the decisions were made in accordance with the relevant legislative provisions and whether there was any error of law or irrationality.

The court found that the ASC delegate's decisions were not subject to judicial review as they were administrative decisions not authorised by statute. The court held that the ASC delegate had the necessary statutory powers to make the decisions, and these decisions were made lawfully and rationally. The court found that the decisions were based on appropriate considerations and were in accordance with the legislative provisions. The court concluded that there was no error of law or irrationality in the decisions and dismissed the appeal. The court also ordered that Crase pay the respondents' costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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

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