Federal Court of Australia
CATCHWORDS
Administrative Law - Judicial review ~ Investigative hearing
by National Companies And Securities Commission - Whether
within NCSC's power - Statutory obligation to observe rules
of natural justice ~- Content of rules where hearing is investigating possible breach ~- Whether accused company entitled to be present, cross-examine, call witnesses and make submissions ~ Relevance of NCSC practice of publishing its reasons for
decisions ~ Relevance of decision's absence of effect on legal
rights.
Administrative Decisions (Judicial Review) Act 1977 ss.5,6. Companies Act 1981 ss.12, 16A, 137, 138, 296. Companies (Acquisition of Shares) Act 1980 ss.11, 45(1).
National Companies And Securities Commission Act 1979, s.6 Pt. VI. *.
THE NEWS CORPORATION LIMITED & ORS v NATIONAL COMPANIES AND
SECURITIES COMMISSION N.S.W. Glé6é20f 1983
CORAM: Bowen C.J., Fisher and Sheppard J.J.
28 October 1983
Sydney
IN_THE FEDERAL COURT OF AUSTALIA
DISTRICT REGISTRY OF NEW SOUTH WALES No. G.162 of 1983
~ eye vyw
GENERAL DIVISION
BETWEEN :
THE NEWS CORPORATION LIMITED, MIRROR NEWSPAPERS LIMITED, NATIONWIDE NEWS PTY. LIMITED and CONTROL. INVESTMENTS PTY. LIMITED
Appellants AND:
NATIONAL COMPANIES' AND SECURITIES COMMISSION
Respondent ORDER
CORAM: Bowen CJ, Fisher and Sheppard JJ WHERE MADE: Sydney DATE : 28 October 1983 THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of 3 June 1983 be set aside.
. 3. The appellants and their legal representatives he
permitted to be present throughout the hearing before
the respondent.
4. That subject to paragraph 38(1)(a) of the National
Companies and Secur:ties Commission Act 1979
(a) the appellants or their legal representatives be permitted to cross-examine witnesses called at
the hearing
(b) the appellants or their legal representatives be, permitted to call evidence in reply prior to the
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