Endless Solar Corporation Limited v Australian Securities and Investments Commission, in the matter of Speedpanel Australia Ltd

Endless Solar Corporation Limited sought review of an order made by a Judicial Registrar to reinstate the registration of Speedpanel Australia Ltd, a matter that came before the Federal Court. The application was brought by a shareholder, Mr Scheuer, to enable the pursuit of proceedings against and on behalf of the company. The legal issue that arose was whether the requirements of procedural fairness had been satisfied during the hearing of the application for review. Specifically, the court needed to determine whether Endless Solar had given due notice of its application to all potentially affected parties.

The court found that Endless Solar had failed to provide procedural fairness to all interested parties by not giving due notice of the application. The court held that the appropriate remedy was to require Endless Solar to notify all relevant parties, including those named as defendants in related Supreme Court proceedings, of its application. This notice should provide an opportunity for these parties to be heard on the application. Consequently, the court adjourned the further hearing and determination of the application until after these steps were completed.

In summary, the court ruled that the initial decision to reinstate Speedpanel Australia Ltd was procedurally unfair due to the lack of notice to all interested parties. The court ordered that Endless Solar must notify all relevant parties and provide them an opportunity to be heard before proceeding further with the application. The application was adjourned until these steps were undertaken, ensuring that all parties had a chance to present their views.