Allan, D.N. v. The National Companies & Securities Commission & Anor [1986] FCA 202

Administrative Law ~ Judicial Review - objection to competency - decision under s.417(6)(b) of Companies (Western Australia) Code - whether a decision to which the Administrative Decisions (Judicial

Review) Act applies in terms of s.3 of the Act

Administrative Decisions (Judicial Review) Act 1977 ss.3, 7, Schedule 1 para.(m)

Companies (Western Australia) Code 5.417 Companies (Application of Laws) Act 1981 (W.A.) ss.4, 6, 10

National Companies and Securities Commission (State Provisions} Act 1980 (W.A.) s.4(2)

National Companies and Securities Commission Requlations reg. 11A

DUDLEY NORMAN ALLAN v. THE NATIONAL COMPANIES AND SECURITIES

COMMISSION and ALAN DAVIDSON SMITH (as Commissioner for Corporate Affairs)

No. WA G25 of 1986

TOOHEY J. PERTH 23 MAY 1986

Sud tag

oo

IN THE FEDERAL COURT

OF AUSTRALIA WESTERN AUSTRALIA -

DISTRICT REGISTRY

No. WA G25 of 1986

' soy . Eh Mote ieeemeetinercennaiaeiiet deioonterene

tet et ee ee

GENERAL. DIVISION vhs - if BETWEEN: | ; -- DUDLEY NORMAN ALLAN Ie Applicant ° '. - and - e THE NATIONAL COMPANIES AND I > SECURITIES COMMISSION i First Respondent - and I, - t - - ALAN DAVIDSON SMITH (as'Commissioner =~" - an for Corporate Affairs) yop fo. Second Respondent ann i "os oow os MINUTE OF ORDER 9 ---2 nbc). 2 ¢

JUDGE MAKING ORDER + -TOOHEY a,

DATE _OF ORDER: ~ 23 May 1986.

WHERE MADE; - °. Perth' van

THE COURT ORDERS THAT: . =. 1. _The- objection to competency is allowed:

2. The application is dismissed. sca

3. The applicant pay the respondents' costs of the application.

Note: Settlement and entry of orders is dealt aT - with in Order 36 of the Federal Court Rules. -

IHN THE FEDERAL COURT OF AUSTRALIA ; WESTERN AUSTRALIA - DISTRICT REGISTRY GENERAL DIVISION

No. WA G25 of 1986

"~~ ~~

BETWEEN:

DUDLEY NORMAN ALLAN Applicant

* and

THE NATIONAL COMPANIES AND SECURITIES COMMISSION First Respondent