Guiseppe v Registrar of Aboriginal Corporations

[2007] FCAFC 100

FEDERAL COURT OF AUSTRALIA

Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 100

Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91 related

MARIO GUISEPPE v REGISTRAR OF ABORIGINAL CORPORATIONS AND BRIAN MCMASTER
NSD 2516 OF 2006

GYLES, EDMONDS, BUCHANAN JJ
5 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2516 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

MARIO GUISEPPE
Appellant

AND:

REGISTRAR OF ABORIGINAL CORPORATIONS
First Respondent

BRIAN MCMASTER
Second Respondent

JUDGES:	GYLES, EDMONDS, BUCHANAN JJ
DATE OF ORDER:	5 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The first respondent’s decision to appoint the second respondent as administrator made on 18 July 2006 be set aside, with effect from midnight 17 July 2007.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2516 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

MARIO GUISEPPE
Appellant

AND:

REGISTRAR OF ABORIGINAL CORPORATIONS
First Respondent

BRIAN MCMASTER
Second Respondent

JUDGES:	GYLES, EDMONDS, BUCHANAN JJ
DATE:	5 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:

1. On 15 June 2007 the Court delivered reasons for judgment allowing the appeal (Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91). Certain orders were made but the appeal was stood over to enable submissions to be received as to the orders for relief that ought to be made.

2. The parties have considered the situation and have agreed upon the further order that should be made.  That agreement makes it unnecessary for the Court to give independent consideration to the appropriate order.  The proposed order is a sensible solution to the situation.  The first respondent’s decision to appoint the second respondent as administrator made on 18 July 2006 will be set aside, with effect from midnight 17 July 2007.  Orders 1, 2, 5 and 6 of 15 June 2007 remain in effect.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Gyles, Edmonds and Buchanan.

Associate:

Dated:        5 July 2007

Counsel for the Appellant:	Mr N Perram SC, Dr C Mantziaris
Solicitor for the Appellant:	Edwin Davey Property and Environmental Lawyers
Counsel for the First Respondent:	Mr P Applegarth SC, Mr D McLure
Solicitor for the First Respondent:	Minter Ellison
Counsel for the Second Respondent:	Mr SA Wells
Solicitor for the Second Respondent:	Kemp Strang
Date of Judgment:	5 July 2007