Federal Court of Australia
JUDGMENT No. 023 od ott...
CATCHWORDS
ADMINISTRATIVE LAW - Judicial Review - review of decision to issue notice under s. 33 of the Australian Securities Commission Act 1989 - requirement of procedural fairness - interlocutory relief - whether serious question to be tried - balance of convenience.
Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Securities Commission Act 1989 (Cth)
Norwest Holst Ltd v Secretary of State for Trade [1978] 1 Chdiv ut: issioner of Taxati (1985)
85 ATC 4,307
Allen Allen & Hemsley v Deputy Commissioner of Taxatjon (1988) 81 ALR 617
v Al EB TI IN No. NG 622 of 1994
Sydney AUSTRALIA
PRINCIPAL REGISTRY
28 September 1994
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION ) No. G 622 of 1994
BETWEEN:
MINOSEA PTY. LIMITED,
"ZIGOLINI'S RESTAURANTS PTY. LIMITED AND ZIGOLINI'S MANAGEMENT PTY. LIMITED,
Applicants AND AUSTRALIAN SECURITIES COMMISSION Respondent CORAM: LINDGREN J DATE : 28 SEPTEMBER 1994 PLACE: SYDNEY M F_ORDE THE COURT ORDERS THAT: 1. The application for interlocutory relief be refused. 2. The applicants pay the respondent's costs of that application. NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION ) No. G 622 of 1994
BETWEEN:
MINOSEA PTY. LIMITED,
ZIGOLINI'S RESTAURANTS PTY. LIMITED AND ZIGOLINI'S MANAGEMENT PTY. LIMITED,
Applicants AND AUSTRALIAN SECURITIES COMMISSION Respondent CORAM: LINDGREN J DATE: 28 SEPTEMBER 1994 PLACE: SYDNEY NS FOR NT
F_ PR EDIN
By their application filed on 14 September 1994 the applicants apply under the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the AD(JR) Act") for an order of review in respect of the decision and the conduct of the respondent pursuant to, and by which it prepared and issued a notice or Notices pursuant to s. 33 of the Australian Securities Commission Act 1989 (Cth) ("ASC Law") dated 8 September 1994 to unidentified persons, that is to say, to persons whose identities are not known to the applicants. The applicants claim a declaration that the notice or notices are invalid and an order that the notice or notices be set aside ab initio.
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