Scott and Anor v Bowden and Ors S346/2002

The applicants, Scott and Anor, sought leave to appeal against a decision of the Full Court of the Federal Court of Australia in proceedings against the respondents, Bowden and Ors. The dispute concerned the interpretation and application of certain provisions of the *Corporations Act 2001* (Cth) and the *Australian Securities and Investments Commission Act 2001* (Cth) in relation to alleged contraventions by the respondents.

The primary legal issue before McHugh J was whether the applicants had demonstrated that the Full Court of the Federal Court had erred in law in its determination of the appeal. This involved considering whether the Full Court had correctly interpreted the relevant statutory provisions and applied established legal principles to the facts as found.

McHugh J granted leave to appeal. His Honour found that there was a sufficient question of law to be argued, particularly concerning the proper construction of the statutory provisions in question and their application to the conduct of the respondents. The decision to grant leave indicated that the applicants had raised arguable grounds of appeal that warranted further consideration by the High Court.