Johnson and Ors, Ex Parte - Re Von Doussa and Ors a9/2000

[2000] HCATrans 738

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A6 of 2000

In the matter of –

An application for Writs of Certiorari and Prohibition against THE HONOURABLE JOHN WILLIAM VON DOUSSA, a Judge of the Federal Court of Australia

First Respondent

THE HONOURABLE CATHERINE MARGARET BRANSON, a Judge of the Federal Court of Australia

Second Respondent

THE HONOURABLE MAURICE FRANCIS O’LOUGHLIN, a Judge of the Federal Court of Australia

Third Respondent

THE HONOURABLE JOHN RONALD MANSFIELD, a Judge of the Federal Court of Australia

Fourth Respondent

PETER VANCE CAREY, a Registrar of the Federal Court of Australia

Fifth Respondent

GREGORY CHARLES FISHER, a Registrar of the Federal Court of Australia

Sixth Respondent

THE JUDGES AND REGISTRARS OF THE FEDERAL COURT OF AUSTRALIA

Seventh Respondents

PETER IVAN MACKS as Liquidator of Addstead Pty Ltd (In Liquidation) and the companies named in Schedule “A” and ADDSTEAD PTY LTD  (IN LIQUIDATION) and the companies named in Schedule “A”

Eighth Respondents

THE DEPUTY COMMISSIONER OF TAXATION

Ninth Respondent

Ex parte -

ANTHONY JOHN SAINT

Applicant

Office of the Registry
  Adelaide  No A9 of 2000

In the matter of –

An application for Writs of Certiorari and Prohibition against THE HONOURABLE JOHN WILLIAM VON DOUSSA, a Judge of the Federal Court of Australia

First Respondent

THE HONOURABLE CATHERINE MARGARET BRANSON, a Judge of the Federal Court of Australia

Second Respondent

THE HONOURABLE MAURICE FRANCIS O’LOUGHLIN, a Judge of the Federal Court of Australia

Third Respondent

THE HONOURABLE JOHN RONALD MANSFIELD, a Judge of the Federal Court of Australia

Fourth Respondent

PETER VANCE CAREY, a Registrar of the Federal Court of Australia

Fifth Respondent

GREGORY CHARLES FISHER, a Registrar of the Federal Court of Australia

Sixth Respondent

THE JUDGES AND REGISTRARS OF THE FEDERAL COURT OF AUSTRALIA

Seventh Respondents

PETER IVAN MACKS as Liquidator of Addstead Pty Ltd (In Liquidation) and the companies named in Schedule “A” and ADDSTEAD PTY LTD  (IN LIQUIDATION) and the companies named in Schedule “A”

Eighth Respondents

THE DEPUTY COMMISSIONER OF TAXATION

Ninth Respondent

Ex parte -

ANTHONY FRANCIS JOHNSON, PETER DAMIAN SLATTERY, JOHN STORRIE KEEVES, ROBERT JAMES BAXTER,
JOHN DESMOND WARDE, WILLIAM McMILLAN CHRISTIE, DAVID PETER RYDON, CAROLINE RUTH CHRISTINE and GORDON RADFORD

Applicants

For judgment

GLEESON CJ
GAUDRON J
McHUGH J
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 DECEMBER 2000, AT 10.17 AM

Copyright in the High Court of Australia

(Reasons for judgment were delivered)

GLEESON CJ:   A majority of members of the Court have come to the conclusion that the arguments of the applicants attacking the validity of the Federal Courts (State Jurisdiction) Acts 1999 should be substantially rejected and that the applications for prohibition should be dismissed. 

However, as foreshadowed during the argument, the view has been taken that there is utility in making orders of certiorari.  Accordingly, those orders will be made but save in that respect the applications have failed and the applicants will be ordered to pay the costs of the disputing respondents.

In relation to the winding up order made in SG3050 of 1995, no application for certiorari was made.  It is not clear why that is so but in respect of that order there will be liberty to apply.  The order of the Court is:

1.        Order that time for the making of the applications for writs of certiorari be extended.

2.        Order absolute in the first instance for a writ of certiorari to quash the order of Registrar Carey of 13 June 1995 in proceedings SG3057 of 1995 in the Federal Court of Australia, ordering the winding up in insolvency and the appointment of the first-named eighth respondent as liquidator in respect of one of the companies in the group of companies comprising the second-named eighth respondents.

3.        Order absolute in the first instance for a writ of certiorari to  quash the orders of Registrar Fisher of 20 June 1995, in proceedings SG3074, SG3075, SG3076, SG3077, SG3078 and SG3079 of 1995 in the Federal Court of Australia, ordering the winding up in insolvency and the appointment of the first-named eighth respondent as liquidator in respect of six of the companies in the group of companies comprising the second-named eighth respondents.

4. Order absolute in the first instance for a writ of certiorari to quash the orders of O'Loughlin J of 30 August 1995, von Doussa J of 19 December 1995, and Branson J of 21 December 1995 and 24 January 1996, in proceedings SG3080 of 1995 in the Federal Court of Australia, ordering the winding up in insolvency and the appointment of the first-named eighth respondent as liquidator in respect of 54 of the companies in the group of companies comprising the second-named eighth respondents, and declaring void pursuant to s 445G(2) of the Corporations Law any deed of company arrangement entered into by any of those companies.

5.        Order absolute in the first instance for a writ of certiorari to  quash the order of Registrar Carey of 15 August 1995, in proceedings SG3124 of 1995 in the Federal Court of Australia, ordering the winding up in insolvency and the appointment of the first-named eighth respondent as liquidator in respect of one of the companies in the group of companies comprising the second-named eighth respondents.

6. Order absolute in the first instance for a writ of certiorari to quash the order of Mansfield J of 8 December 1998 in proceedings SG3080 of 1995 in the Federal Court of Australia, ordering that the first-named eighth respondent, as liquidator of all 64 companies in the group of companies comprising the second-named eighth respondents, had power under the Corporations Law to enter into the funding arrangement with the Commonwealth Bank of Australia and GIO Insurance Ltd.

7.        Liberty to apply on 21 days notice to a single Justice for the making of an order for a writ of certiorari to quash the order of O'Loughlin J of 31 July 1995 in proceedings SG3050 of 1995 in the Federal Court of Australia ordering the winding up in insolvency and the appointment of the first-named eighth respondent as liquidator in respect of one of the companies in the group of companies comprising the second-named eighth respondents.

8.        Applications for writs of prohibition dismissed.

9.        In Matter A6 of 2000, applicant to pay the costs of the first‑named eighth respondent and of the ninth respondent.

10.      In Matter A9 of 2000, applicants to pay the costs of the first‑named eighth respondent and of the ninth respondent.

And I publish those orders.

AT 10.23 AM THE MATTER WAS CONCLUDED