Australian Securities Commission v White, Errol John [1998] FCA 850

FEDERAL COURT OF AUSTRALIA CONTEMPT by disobeying order - whether defect in order prevents a determination person in default is guilty of contempt. Australian Securities Commission Act 1989 (Cth), ss 19, 30, 70 Judiciary Act 1903 (Cth), s 78B Coe v Commonwealth of Australia (1993) 118 ALR 193, followed Cameron v Cole (1943) 68 CLR 571, followed Little v Lewis [1987] VR 798, followed AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ERROL JOHN WHITE QG 40 OF 1998 DRUMMOND J BRISBANE 16 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 40 of 1998

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Applicant

AND: ERROL JOHN WHITE

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 16 JULY 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Errol John White be committed to prison for a period of eight weeks for his contempt of court constituted by his deliberate refusal to comply with the orders and directions made by Spender J on 24 June 1998.

2. Errol John White pay the Australian Securities and Investments Commission's costs of and incidental to the motion for contempt to be taxed on the basis that the Australian Securities and Investments Commission recover all its costs of and incidental to that proceeding, save only such costs, if any, as may have been unreasonably incurred.

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 QG 40 of 1998

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Applicant

AND: ERROL JOHN WHITE

Respondent

JUDGE: DRUMMOND J

DATE: 16 JULY 1998

PLACE: BRISBANE

REASONS FOR JUDGMENT

The Australian Securities and Investments Commission has moved on notice that Mr White be dealt with for contempt of court. The alleged contempts are identified in the statement of charge which the Commission has served on him. They are as follows: firstly, that he wilfully failed or refused to comply with the requirements of a notice given to him under s 19 the Australian Securities Commission Act 1989 (Cth), which notice is dated 14 April 1998, and which was personally served upon him on 15 April 1998, in that he wilfully failed or refused to appear at 9.30 am on Wednesday, 1 July 1998 at Level 22, 240 Queen Street, Brisbane for examination on oath or affirmation and to answer questions put to him. Secondly, that he wilfully failed or refused to comply with the requirements of a notice given to him under s 30 the Australian Securities Commission Act 1989 (Cth), which notice is dated 21 May 1998, and which was personally served upon him on 23 May 1998, in that he wilfully failed or refused to produce to Niall Coburn at 9.30 am on Wednesday, 1 July 1998 the documents referred to in paragraphs 1, 2, 3, and 4 of that notice.