Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission v P Dawson Nominees Pty Ltd [2009] FCAFC 183
EVIDENCE – privilege – public interest immunity – objection to production of documents tending to reveal identity of informers – balancing of competing interests. APPEALS – leave to appeal – governing considerations including that substantial injustice would result if orders left uncorrected – appeals from judgment, not reasons – injustice must flow from orders and not from findings concerning applicant's conduct of case. Australian Securities and Investments Commission v P Dawson Nominees Pty Ltd (2008) 169 FCR 227 followed Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 cited Décor Corp Pty Ltd v Dart Industries Inc (1993) 33 FCR 397 applied Driclad Pty Ltd v Federal Commissioner of Taxation (1968) 121 CLR 45 applied Sankey v Whitlam (1978) 142 CLR 1 considered Watson v AWB Ltd (No 2) (2009) 259 ALR 524 cited
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v P DAWSON NOMINEES PTY LTD, FREDERICK HENRY HART, BROOKFIELD MULTIPLEX LIMITED and BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED
VID 572 of 2009 P DAWSON NOMINEES PTY LTD, FREDERICK HENRY HART v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, BROOKFIELD MULTIPLEX LIMITED and BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED VID 573 of 2009
SUNDBERG, NORTH & TRACEY JJ
22 DECEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 572 of 2009
ON APPEAL FROM THE FEDERAL COURT
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Appellant
AND: P DAWSON NOMINEES PTY LTD
First Respondent
FREDERICK HENRY HART
Second Respondent
BROOKFIELD MULTIPLEX LIMITED
Third Respondent
BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED
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