Re Woods

Case [2004] WASCA 120


RE WOODS; EX PARTE BRAYSICH [2004] WASCA 120



(2004) 28 WAR 530
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 120
THE FULL COURT (WA)
Case No:CIV:1851/200314 MAY 2004
Coram:MURRAY J
TEMPLEMAN J
MCLURE J
11/06/04
16Judgment Part:1 of 1
Result: Order nisi for prohibition discharged
A
PDF Version
Parties:JEFFREY JOSEPH BRAYSICH
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Catchwords:

Prerogative writs
Prohibition
Prosecutions for creating false or misleading appearance of trading in securities on a stock market
Committal proceedings
Whether Magistrate has jurisdiction
Whether offence "committed, begun or completed" in WA

Legislation:

Commonwealth Constitution, s 80
Corporations Act 2001 (Cth), s 998, s 1338B(8)
Criminal Code 1913 (WA)
Criminal Law (Procedure) Amendment Act 2002 (WA)
Customs Act 1901 (Cth), s 233B
Justices Act 1902 (WA)

Case References:

Lipohar v R (1999) 200 CLR 485
North v Marra Developments Ltd (1981) 148 CLR 42
R v O'Halloran (2000) 182 ALR 431
R v Perfili (1995) 84 A Crim R 26. ,
R v Toubya [1993] 1 VR 226. ,
Re Woods; Ex P Braysich [2003] WASC 143
Thompson v R (1989) 169 CLR 1
Thompson v The Queen (1989) 169 CLR 1

ASC v Nomura International PLC (1999) 17 ACLC 55
Christianos v Young (1990) 3 WAR 303
Craig v State of South Australia (1995) 184 CLR 163
Dow Jones & Co Inc v Gutnick (2002) 77 ALJR 255
DPP v Sutcliffe [2001] VSC 43
Fame Decorator Agencies Pty Ltd v Jefferies Industries Ltd (1998) 16 ACLC 1235
John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503
King-Brooks v Roberts (1991) 5 WAR 500
Lamb v Moss (1983) 76 FLR 296
Macks and Emanuel (No 14) Pty Ltd v Blacklaw & Shadforth Pty Ltd (1997) 15 ACLC 1099
Prentice v St George Bank Ltd (2002) 20 ACLC 923
R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100
R v Iorlano (1983) 151 CLR 678
Re His Honour Judge Hammond; Ex parte Roddan (1996) 17 WAR 50
Re Robins SM; Ex parte West Australian Newspapers Ltd (1999) 20 WAR 511
Regie National des Usines Renault SA v Zhang (2002) 76 ALJR 551
Sankey v Whitlam (1978) 142 CLR 1
Ward v The Queen (1980) 142 CLR 308
Yates v Wilson (1989) 168 CLR 338

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : RE WOODS; EX PARTE BRAYSICH [2004] WASCA 120 CORAM : MURRAY J
    TEMPLEMAN J
    MCLURE J
HEARD : 14 MAY 2004 DELIVERED : 11 JUNE 2004 FILE NO/S : CIV 1851 of 2003 MATTER : Application for a Writ of Prohibition against ELIZABETH ADELE WOODS, DEPUTY CHIEF STIPENDIARY MAGISTRATE at the Court of Petty Sessions Perth EX PARTE

    JEFFREY JOSEPH BRAYSICH
    Applicant

    AND

    AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
    Respondent



Catchwords:

Prerogative writs - Prohibition - Prosecutions for creating false or misleading appearance of trading in…

Continue reading Re Woods

Sign in free to access the full text

Details
AGLC
Re Woods [2004] WASCA 120
Case
[2004] WASCA 120
Decision Date

CaseChat Overview and Summary

The case of Re Woods involved the applicant, Woods, seeking a prerogative writ of prohibition to prevent a magistrate in Western Australia from proceeding with the committal of Woods for alleged offences under section 1041H of the Corporations Act. The central issue was whether the magistrate had jurisdiction over the matter, specifically whether the alleged offence had been committed, begun, or completed within Western Australia. The application was heard in the High Court of Australia.

The legal issue before the court was whether the magistrate had the requisite jurisdiction to hear the committal proceedings for the alleged offences. Woods contended that the alleged offence, creating a false or misleading appearance of trading in securities, was not committed in Western Australia. The court needed to determine whether the jurisdiction of the magistrate was correctly established by the location where the alleged offence occurred. The court also needed to consider whether the offence was sufficiently connected to Western Australia to confer jurisdiction on the magistrate.

The court held that the magistrate did not have jurisdiction over the matter. The court reasoned that for the offence to be within the jurisdiction of the magistrate, it must have been committed, begun, or completed in Western Australia. The court found that the alleged offence did not occur in Western Australia, and therefore, the magistrate lacked the requisite jurisdiction to proceed with the committal. Consequently, the court granted the writ of prohibition, preventing the magistrate from proceeding with the committal proceedings. However, the order nisi for prohibition was later discharged, effectively dismissing Woods' application.

Orders

Orders of the court

Order nisi for prohibition discharged

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.