Queensland Building Services Authority v Australian Securities Commission [1997] FCA 141

CATCHWORDS

Examination of persons about a corporation - review of decision of Australian Securities Commission - application by statutory authority to be granted status as an "eligible applicant" - test for "eligible applicant" - nature of review of administrative decisions - use of public examination to collect evidence for disciplinary proceedings. Corporations Law Part 5.9 Queensland Building Services Act 1991 Cases referred to: Whelan v Australian Securities Commission (No.1) (1993) 58 FCR 333 Hong Kong Bank of Australia Limited v Murphy (1992) 10 ACLC 1573 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996)185 CLR 259 Hamilton v Oades (1988) 166 CLR 486 Cases applied: Re Excel, Worthley v England (1994) 52 FCR 69 QUEENSLAND BUILDING SERVICES AUTHORITY v AUSTRALIAN SECURITIES COMMISSION No QG 3018 of 1996 SPENDER J BRISBANE 28 FEBRUARY 1997

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY No QG 3018 of 1996 GENERAL DIVISION BETWEEN: QUEENSLAND BUILDING SERVICES AUTHORITY Applicant AND: AUSTRALIAN SECURITIES COMMISSION Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 28 FEBRUARY 1997 MINUTES OF ORDER The Court orders: 1. The application is dismissed. 2. The respondent is to pay the Applicant's costs, to be taxed if not agreed. 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 No QB 3018 of 1996 GENERAL DIVISION BETWEEN: QUEENSLAND BUILDING SERVICES AUTHORITY Applicant AND: AUSTRALIAN SECURITIES COMMISSION Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 28 FEBRUARY 1997 REASONS FOR JUDGMENT This is an application by the Queensland Building Services Authority ('the QBSA'), a statutory authority established by s 5 of the Queensland Building Services Authority Act 1991 ('the Act'), to review a decision of the Australian Securities Commission ('the ASC') made on 24 July 1996, refusing the application made by the QBSA to the ASC to be authorised to make an application under Part 5.9 of the Corporations Law ('the Law') for the examination of persons about a corporation, Fairbrother Construction (Qld) Pty Ltd ACN 053 989 665 (In Liquidation) ('Fairbrother Construction'). Chapter 5 of the Law is headed "EXTERNAL ADMINISTRATION". Division 1 of Part 5.9 of the Law is headed 'Examining a person about a corporation'. Section 596A provides for a mandatory examination of a person. It provides: