Winter, G.R. v Australian Securities Commission & Anor [1995] FCA 74

CATCHWORDS

CORPORATIONS LAW - hearing by ASC to decide whether it is appropriate to serve a notice prohibiting a person from managing a corporation - natural justice - whether ASC or its delegate disqualified for perceived bias - delegate reading papers proposed to be relied on by ASC in advance of the hearing - delegate in response to an enquiry by Counsel expressed a preliminary and tentative view on the merits before the hearing commenced - matters relevant to be taken into account at the hearing - whether delegate likely to have regard to irrelevant material - application for order of review dismissed. Companies (South Australia) Code s 418, 562A Corporations Law ss 2, 230, 533, 597, 599, 600 ASC Law ss 1, 51, 59, 102 No. SG42 of 1994 GEOFFREY ROBERT WINTER v AUSTRALIAN SECURITIES COMMISSION and CASANDRA FRANCAS Coram: von Doussa J. Place: Adelaide Date : 27 February 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) GENERAL DIVISION ) No. SG42 of 1994 BETWEEN: GEOFFREY ROBERT WINTER Applicant AND: AUSTRALIAN SECURITIES COMMISSION and CASANDRA FRANCAS Respondents MINUTES OF ORDER JUDGE MAKING ORDER: von Doussa J. WHERE MADE : Adelaide DATE OF ORDER : 27 February 1995

THE COURT ORDERS THAT: 1. The application for an order of review be dismissed. 2. The applicant pay the respondents costs to be taxed. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) GENERAL DIVISION ) No. SG42 of 1994 BETWEEN: GEOFFREY ROBERT WINTER Applicant AND: AUSTRALIAN SECURITIES COMMISSION and CASANDRA FRANCAS Respondents REASONS FOR JUDGMENT Coram: von Doussa J. Place: Adelaide Date : 27 February 1995

The applicant seeks an order of review of conduct in which the first respondent, the Australian Securities Commission ("the ASC") by its delegate, the second respondent Ms Francas, proposes to engage, namely to conduct a hearing pursuant to the ASC Law for the purpose of making a decision whether the applicant should be prohibited from managing a corporation pursuant to s.600(3) of the Corporations Law ("the Law"). The grounds of the application are that if the proposed hearing is conducted a breach of the rules of natural justice is likely to occur on the ground of perceived bias, and that matters not relevant to a decision pursuant to s.600(3) are likely to be taken into account.