Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232

FEDERAL COURT OF AUSTRALIA

Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232 PRACTICE AND PROCEDURE – appeal under s44(3) of the Administrative Appeals Tribunal Act 1975 (Cth) - refusal by the Deputy President of the Administrative Appeals Tribunal to extend time to apply for review of a decision of the Australian Securities and Investments Commission – whether notice of appeal complies with Order 53 rule 3 of the Federal Court Rules – way in which a question of law should be framed ADMINISTRATIVE LAW – appeal under s44(3) of the Administrative Appeals Tribunal Act 1975 (Cth) - refusal by the Deputy President of the Administrative Appeals Tribunal to extend time to apply for review of a decision of the Australian Securities and Investments Commission – whether the decision of the Administrative Appeals Tribunal was affected by legal error. Administrative Appeals Tribunal Act 1975 (Cth) ss 29, 44 Acts Interpretation Act 1901 (Cth) s 33 Federal Court Rules Order 53 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 followed Birdseye v Companies Auditors and Liquidators Disciplinary Board [2002] 20 ACLC 805 cited Birdseye v Companies Auditors and Liquidators Disciplinary Board [2002] FCAFC 284 cited Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 referred to Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 referred to House v The King (1936) 55 CLR 499 cited In the matter of National Roads and Motorists' Association Ltd [2003] FCAFC 206 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 referred to Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 referred to Norbis v Norbis (1986) 161 CLR 513 cited Re Birdseye and Companies, Auditors and Liquidators Disciplinary Board 39 ACSR 414 cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 followed NICHOLAS BIRDSEYE v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION S 399 of 2003 BRANSON, MARSHALL and STONE JJ 21 OCTOBER 2003 SYDNEY (HEARD IN ADELAIDE)