Re Geneva Finance Ltd (Receiver and Manager Appointed)
[2001] WASC 302 (S)
RE GENEVA FINANCE LTD (Receiver and Manager Appointed); EX PARTE PETER RAYMOND QUIGLEY (The Receiver and Manager of GENEVA FINANCE LTD (Receiver and Manager Appointed)) [2001] WASC 302 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASC 302 (S) | |
| Case No: | COR:222/2001 | 12 NOVEMBER 2001 | |
| Coram: | MASTER SANDERSON | 6/11/01 | |
| 14/11/01 | |||
| 3 | Judgment Part: | 1 of 1 | |
| Result: | Supplementary reason | ||
| B | |||
| PDF Version |
| Parties: | PETER RAYMOND QUIGLEY (The Receiver and Manager of GENEVA FINANCE LTD (Receiver and Manager Appointed)) ALAN HAROLD BOYS KEVIN ERNEST JUDGE RONALD GEORGE HOWARD ANTHONY HAYES DOUGLAS-BROWN DESMOND FRANK CRAWLEY |
Catchwords: | Practice and procedure Correction of error in earlier decision |
Legislation: | Nil |
Case References: | Boys v Australian Securities Commission (1997) 24 ACSR 1 Re Geneva Finance Ltd (Receiver and Manager Appointed); Ex Parte Peter Raymond Quigley (The Receiver and Manager of Geneva Finance Ltd (Receiver and Manager Appointed)) [2001] WASC 302 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
DECISION : 14 NOVEMBER 2001 FILE NO/S : COR 222 of 2001 MATTER : GENEVA FINANCE LTD (Receiver and Manager Appointed) (ACN 009 168 147)
EX PARTE
PETER RAYMOND QUIGLEY (The Receiver and Manager of GENEVA FINANCE LTD (Receiver and Manager Appointed))
Plaintiff
Catchwords:
Practice and procedure - Correction of error in earlier decision
Legislation:
Nil
(Page 2)
Result:
Supplementary reason
Category: B
Representation:
Counsel:
Plaintiff : Mr K L Christensen
Applicants : Mr J Garas
Solicitors:
Plaintiff : Tottle Christensen
Applicants : Mallesons Stephen Jaques
Case(s) referred to in judgment(s):
Boys v Australian Securities Commission (1997) 24 ACSR 1
Re Geneva Finance Ltd (Receiver and Manager Appointed); Ex Parte Peter Raymond Quigley (The Receiver and Manager of Geneva Finance Ltd (Receiver and Manager Appointed)) [2001] WASC 302
Case(s) also cited:
Nil
(Page 3)
1 MASTER SANDERSON: On 6 November 2001, I published reasons allowing in part an application by proposed examinees to set aside or vary examination summonses issued against them: see Re Geneva Finance Ltd (Receiver and Manager Appointed); Ex Parte Peter Raymond Quigley (The Receiver and Manager of Geneva Finance Ltd (Receiver and Manager Appointed)) [2001] WASC 302. In par 10 of those reasons, I referred to an authorisation given to the plaintiff by the ASC, that authorisation subsequently being challenged in the Federal Court in the decision of Boys v Australian Securities Commission (1997) 24 ACSR 1. Prior to the making of orders, counsel for the proposed examinees pointed out that, in fact, the plaintiff applied for the examination summonses pursuant to an authorisation of ASIC dated 3 May 2001, which appears as annexure "PRQ 2" to the affidavit of the plaintiff sworn 28 June 2001 and filed in support of this application.
2 In referring to the ASC authorisation I was in error. Nonetheless, the mistake in no way alters my views in relation to the application. Carr J's decision in Boys v Australian Securities Commission (supra) determined that there was no conflict of interest between the plaintiff's position as an agent of the ASC and the receiver manager appointed by the ASC. Nothing has changed. No conflict of interest was established in relation to the authorisation of the plaintiff by the ASC and no conflict of interest has been established in relation to the authorisation by the ASIC.
3 For these reasons, allowing for the error of fact in par 10, my conclusion remains unaltered.
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