Federal Court of Australia
JUDGMENT NO. san Oy ot.
ADMINISTRATIVE LAW - Administrative Decisions Judicial Review Legislation - s. 5 (1) (b) - "procedures that are required by law to be observed in connexion with the making of" decision impugned - necessity of connection - whether sections 16 and 18 of Australian Securities Commission Act 1989 (Cth) prescribe "procedures" in connection with "the making of" decision by Australian Securities Commission under s. 50 of the Act.
CORPORATIONS - Administration of Companies Legislation - decision of Australian Securities Commission under Australian Securities Commission Act 1989 (Cth), s. 50, that proceedings be begun and carried on by company against auditors ~ order of review of decision applied for by auditors under Administrative Decisions (Judicial Review) Act 1977 (Cth) - no interim report by Australian Securities Commission under s. 16 of former Act - whether requirements of ss. 16 and 18 relating to interim report constituted in relation to Commission's decision under s. 50 "procedures in connexion with" that decision for purposes of s. 5 (1) (b) of AD(JR) Act
Australian Securities Commission Act 1989 (Cth) ss. 13, 16, 17, 18, 50
inistrativ isions udicial Review) Act 1977 (Cth) s. 5 (1) (b) DELOITTE T H_T T formerly known as DELOITTE HASKINS &
SELLS __and_ DELOITTE ROSS TOHMATSU) v AUSTRALIAN SECURITIES COMMISSION
No NG 286 of 1994
Lindgren J Sydney 21 October 1994
RECEIVED
26 OCT 1994
FEDERAL Cou ri RT OF
PRINCIPAL REGISTRY
IN THE FEDERAI. COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. G 286 of 1994 )
GENERAL DIVISION
BETWEEN:
DELOITTE TOUCHE TOHMATSU (formerly known = as DELOITTE HASKINS & SELLS and DELOITTE ROSS TOHMATSU)
Applicant
AND:
AUSTRALIAN SECURITIES COMMISSION
Respondent
CORAM: LINDGREN J
PLACE: SYDNEY DATE : 21 OCTOBER 1994 I E_OF E THE COURT ORDERS THAT: 1. The applicant be granted leave to amend the application
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