JUDGMENT No. ,,,~;~,,,,,.m~ ,.m~.%. IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) )
1
GENERAL DIVISION ) MATTER NO. NG 3279 OF 1993
BETWEEN: NEIL ALLAN MACDONALD & FINANCE &
MORTGAGE CORPORATION LIMITEDApplicants
m: AUSTRALIAN SECURITIES COMMISSION
RespondentMATTER NO. NG 3312 OF 1993
BETWEEN: AUSTRALIAN SECURITIES COMMISSION
Applicant
m: NEIL ALLAN MACDONALD & FINANCE &
MORTGAGE CORPORATION LIMITEDRespondents
| I | CORAM: HILL J | |||
|
CORRIGENDA
!
| I | Amendment to the Reasons for Judgment of his Honour Mr Justice Hill delivered 8 February 1994: | |
| ||
| "corporation,". | ||
| ! | ||
| Page 18, line 9 - Delete "Tribunal's" and insert "Tribunals". Page 23, line-37 - Delete "proceeding" and insert "pending". |
23 February 1994 Stuart Bvrne
CATCHWORDS
ADMINISTRATIVE LAW - Judicial Review - whether notices issued under ss.30 and 33 of the ASC Law invalid because issued solely at the behest of another, because the decision to issue was unreasonable or because the decision to issue the notices was invalidly exercised.
CORPORATIONS - corporate character - whether a notice issued to a corporation under s.33 of the ASC Law valid when addressed to a corporation and not to that corporation by its proper officer.
CORPORATIONS - Companies - Australian Securitv Commission Act 1989 (Cth) - whether notices issued under ss.30 and 33 invalid as no reason to suspect contravention of a relevant corporation law or because ambiguous.
CORPORATIONS - Companies - Australian Securitv Commission Act 1989 (Cth) - operation of s.70 - whether pending litigation a reasonable excuse for failure to comply with a s.70 notice.
WORDS & PMUlSES
"person"
Australian Securitv Commission Act 1989 (Cth): ss.30, 33,
37(9), 70.
Administrative Decisions [Judicial Review) Act 1974 (Cth):s.5(2) (e)
FIELDHOUSE v COMMISSIONER OF TAXATION (1989) 25 FLR 187;
applied.
PENN-TEXAS CORPORATION V MURAT ANSTLAT !N0.2) [l9641 2 QB 647;considered.
v AUSTRALIAN i3ECURITIES COMMISSION and AUSTRALIAN SECURITIES NEIL ALLAN MACDONALD & FINANCE h MORTGAGE CORPORATION LIMITED COMMISSION v NEIL MACDONALD & FINANCE & MORTGAGE
CORPORATION LIMITEDNos: NG 3279 of 1993 and NG 3312 of 1993 respectively
CORAM: HILL J PLACE : SYDNEY DATED : 8 FEBRUARY 1994 IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) 1 )
GENERAL DIVISION ) MATTER NO. NG 3279 OF 1993
BETWEEN: NEIL ALLAN MACDONALD & FINANCE &
MORTGAGE CORPORATION LIMITEDApplicants
m: AUSTRALIAN SECURITIES COMMISSION
RespondentMATTER NO. NG 3312 OF 1993
BETWEEN: AUSTRALIAN SECURITIES COMMISSION
Applicant
AND: NEIL ALLAN MACDONALD & FINANCE &
MORTGAGE CORPORATION LIMITEDRespondents
CORAM : HILL J PLACE : SYDNEY DATED : 8 FEBRUARY 1994
MINUTES OF ORDER
THE COURT ORDERS IN MATTER NO. NG3279/93 THAT:
1. The application be dismissed.
2. The applicants pay the respondent's costs.
THE COURT ORDERS IN MATTER NO. NG3312/93 THAT:
3. The respondents each produce to Mr Quirk of the applicant, within 7 days of this order taking effect, the documents specified in the schedule to each of…
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- Case
- [1994] FCA 41
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