The Broken Hill Proprietary Company Ltd v National Companies & Securities Commission & Ors [1986] FCA 243

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CATCHWORDS ADMINISTRATIVE LAW - application for interlocutory injunction pending hearing of application for an order of review - decision

of National Companies and Securities Commission to allow cross-examination of witnesses during Commission hearing - whether decision involved a breach eof the rules of natural justice or improper exercise of power - reluctance of Court to interfere with

procedural decisions of an administrative tribunal.

Administrative Decisions (Judicial Review) Act 1977 ss.5(1)(a) and (e), 5(2)(a),(b) and (c)

Companies Code Companies (Acquisition of Shares) Code s.60

National Companies and Securities Commission Act 1979 ss.36, 37 and 38

Securities Industry Code

THE BROKEN HILL PROPRIETARY COMPANY LIMITED

and

NATIONAL COMPANIES AND SECURITIES COMMISSION and BELL GROUP LIMITED and BELL RESOURCES HOLDINGS PTY LIMITED and AMBASSADOR NOMINEES PTY LIMITED

VG No. 221 of 1986 AEN,

Woodward J. 5 June 1986

Melbourne

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY GENERAL DIVISION

BETWEEN :

THE BROKEN HILL, PROPRIETARY

COMPANY LIMITED and

NATIONAL COMPANIES AND SECURITIES COMMISSION

and BELL GROUP LIMITED and

BELL RESQURCES HOLDINGS PTY LIMITED

and

AMBASSADOR NOMINEES PTY LIMITED

MINUTES OF ORDER

COURT: Woodward J. DATE: 5 June 1986

PLACE: Melbourne

VG No. 221 of 1986

Applicant

First Respondent

Second Respondent

Third Respondent

Fourth Respondent

THE COURT ORDERS THAT: 1. The application for interlocutory relief be refused.

2. The interim injunction granted by Jenkinson J on

2 June 1986 be discharged.

~

3. The applicant pay the respondents' costs, including

reserved costs, of this application.

(NOTE: Settlement and entry of orders is dealt with by 0.36 of the Federal Court Rules).

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IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) VG No. 221 of 1986 ) ) )

GENERAL DIVISION