Federal Court of Australia
Administrative
CATCHWORDS.
Law - Judicial Review
- decision by Managing
Director of Australian Broadcasting Corporation to refuse another
Director access to corporate material
- whether decision made
"under" an enactment - Administrative Decisions (Judicial Review)
Act, 1977, s.3(1) - whether error'of law.
Company Law -
whether Director has right to inspect corporate
documents - no evidence of bad faith or ulterior motive.
TOM MOLOMBY v.
GROFFREY WHITEHEAD and
AUSTRALIAN BROADCASTING
CORPORATION
No. G256 of 1985
Beaumont, J. 13 November 1985
Sydney
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IN THE FEDERAL COURT OF AUSTRALIA }
) . A
NEW SOUTH WALES DISTRICT REGISTRY } No. G256 of 1985
) GENERAL DIVISION ) ' BETWEEN : TOM MOLOMBY Applicant AND: GEOFFREY WHITEHEAD and
AUSTRALTAN BROADCASTING CORPORATION
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER: Beaumont, J. ! DATE OF ORDER : 13 November 1985 WHERE MADE : Sydney
THE COURT ORDERS THAT:
bo
Note:
Declare that, for so long as the applicant isa Director of the second respondent, the applicant is entitled to access to the documents the subject of the request for access made by the applicant in his
letter to the first respondent dated 2 September 1985.
Reserve liberty to the applicant to apply for further relief, if necessary, on such notice as a
Judge of the Court may allow.
Order that the respondents pay the applicant's costs of the proceeding.
Settlement and entry of orders is dealt with in
Order 36 of the Pederal Court Rules.
eno pe een
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY } No. G256 of 1985 ) GENERAL DIVISION ) BETWEEN : TOM MOLOMBY - Applicant AND: GEOFFREY WHITEHEAD and
AUSTRALIAN BROADCASTING CORPORATION
Respondents
CORAM: Beaumont, J. DATED: 13 November 1985
REASONS FOR JUDGMENT
The applicant, Tom Molomby, is and has been since December 1983, a Director of the second respondent, Australian
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