Precision Data Holdings Ltd & Ors v Wills

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M37 of 1991

B e t w e e n -

PRECISION DATA HOLDINGS LTD,

DABBY PTY LTD, TITAN HILLS

AUSTRALIA LTD, GODFREY CULLEN,

MAXWELL LATIMER and GARRY GRACO

Plaintiffs

and

DEAN WILLS, ROSS ADLER, PETER

JOOSTE {in their capacity as

Members of the Corporations and

Securities Panel), THE

COMMONWEALTH OF AUSTRALIA, THE
AUSTRALIAN SECURITIES

COMMISSION and THE STATE OF

VICTORIA

Defendants

Case Stated pursuant to

section 18 of the Judiciary

Act 1903

MASON CJ
BRENNAN J

DEANE J
DAWSON J

TOOHEY J

GAUDRON-.J

McHUGH.J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 25 SEPTEMBER 1991, AT 10.55 AM

Copyright in the High Court of Australia

Precision 1 25/9/91
MR D.F. JACKSON, QC:  May it please the Court, I appear with

my learned friend, MR P. HANKS, for the plaintiffs.

(instructed by Ebsworth & Ebsworth)

MR G. GRIFFITH, QC, Solicitor-General for the Commonwealth:

If the Court pleases, I appear with my learned
friends, MS S.C. KENNY and MR S.J. GAGELER, for the

Commonwealth of Australia, the fourth defendant.

(instructed by the Australian Government Solicitor)

MR M.J. COLBRAN: If the Court pleases, I appear for the

fifth defendant, the Australian Securities

Commission. (instructed by Regional General Counsel

(Vic) for the Australian Securities Commission)

MR H.C. BERKELEY, QC, Solicitor General for the State of

Victoria:  I appear with my learned friend,

MR C.M. SCERRI, for the State of Victoria.

(instructed by the Crown Solicitor for Victoria)

MR K.H. PARKER, QC, Solicitor-General for the State of

Western Australia: If it please the Court, I

appear with my learned friend, MSC.A. WHEELER, for
the State of Western Australiu, intervening in

support of the validity of the legislation.

(instructed by the Crown Solicitor for the State of

Western Australia)

MASON CJ: Yes, I have taken that all the Solicitors are

appearing to support the validity of the

legislation.

MR PARKER:  I have not seen any other colour raised yet,

Your Honour.

MR J.J. DOYLE, QC, Solicitor-General for the State of South

Australia: If the Court pleases, I appear with

MR M.D. WALTER, for the States of South Australia

and Tasmania, to intervene in support of the

defendants and in support of the validity of the

legislation. (instructed by the Crown Solicitors

for the States of South Australia and Tasmania)

MR G.L. DAVIES, QC, Solicitor-General for the State of

Queensland: May it please the Court, I appear with

my learned friend, MS R.G. ATKINSON, for the State

of Queensland, also to support the legislation.

(instructed by the Crown Solicitor for the State of

Queensland)

MASON CJ: Yes, Mr Jackson.

MR JACKSON: 

Your Honours have material filed that sets out the submissions made on behalf of the parties and

as appears from that material the case concerns the
validity of the conferral on the Corporations and
Securities Panel of the powers referred to in
Precision 2 25/9/91

sections 733 and 734 of the Corporations Law of

Victoria and of the other States.

Your Honours,…

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Details
Case
[1991] HCATrans 270
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, the plaintiffs, Precision Data Holdings Ltd and others, brought a case against the Corporations and Securities Panel and various government entities, including the Commonwealth of Australia and the Australian Securities Commission. The dispute concerned the validity of the powers conferred upon the Corporations and Securities Panel by sections 733 and 734 of the Corporations Law of Victoria and other states.

The central legal issue before the High Court was whether the conferral of these specific powers on the Corporations and Securities Panel was constitutionally valid. The plaintiffs sought to challenge the legislative authority that granted these functions to the Panel.

The Court was required to examine the Australian Securities Commission Act 1989 and subsequent amendments, particularly the Corporations Legislation Amendment Act 1990, to understand the nature and scope of the Panel's functions. The arguments presented by the parties, including the Solicitor-General for the Commonwealth and Solicitors-General for several states intervening in support of the legislation, focused on the validity of the legislative provisions establishing and empowering the Panel.

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Background to the litigation

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Evidence Before The Court

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Decision

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