Australian Securities Commission v Heilbronn, G.R. [1995] FCA 399

CATCHWORDS CORPORATIONS LAW - Warrant issued under s.486B of the Corporations Law - no power to hold in custody once respondent brought before the court - Service and Execution of Process Act 1992 (Cth) not applicable to warrant issued under Corporations Law. PRACTICE AND PROCEDURE - Costs - application properly brought - ASC to have proper professional costs of application - not proper to bring respondent in custody from Sydney - costs of attempted or purported exercise of warrant excluded.

Corporations Law s.486B Service and Execution of Process Act 1992 (Cth) Australian Securities Commission v. Greig Ronald Heilbronn No. QG3002 of 1995 Cooper J., Brisbane, 30 May, 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG3002 of 1995 IN THE MATTER OF VESOFE PTY. LTD. (IN LIQUIDATION) ACN 003 998 963 AND GREIG RONALD HEILBRONN

AUSTRALIAN SECURITIES COMMISSION Applicant GREIG RONALD HEILBRONN First Respondent JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 30 May, 1995

MINUTES OF ORDER THE COURT ORDERS THAT: (1) The District Registrar issue a summons in the form of the draft summons marked "B" for Identification and lodged with the papers to be returnable at a time and place to be fixed by the District Registrar. (2) The respondent pay the applicant's costs of the application including reserved costs and the costs of today's appearance to be taxed, if not agreed, but excluding the costs of the Australian Federal Police and the costs of the execution or purported execution of the warrant issued 1 February, 1995 by the bringing of the respondent in custody from Sydney to Brisbane on 27 May, 1995. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG3002 of 1995 IN THE MATTER OF VESOFE PTY. LTD. (IN LIQUIDATION) ACN 003 998 963 AND GREIG RONALD HEILBRONN