Amrein Associates Pty Ltd v Australian Securities Commission [1998] FCA 1020

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW – Natural Justice – refusal by Australian Securities Commission ("ASC") of application for unrestricted dealer's licence under s 784 of Corporations Law ("Law") – hearing before Delegate of ASC under s 837 of Law – Delegate taking into account a document forwarded to him, but not applicant, by officer of ASC after conclusion of hearing – whether breach of rules of natural justice – policy documents issued by ASC as to qualifications and industry experience looked for in satisfaction of par 784(2)(c) of Law – Delegate's regard for policies – effect on Delegate's decision. Corporations Law ss 784, 837 King Gee Clothing Co Pty Ltd v Commonwealth (1945) 71 CLR 184, distinguished Kioa v West (1985) 159 CLR 550, applied Sacharowitz v Minister for Immigration, Local Government and Ethnic Affairs (1992) 33 FCR 480, distinguished Wickramasena v Griffin (1990) 95 ALR 187, followed Doughty v Corporate Affairs Commission (1988) 6 ACLC 1090, followed Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634, distinguished

AMREIN ASSOCIATES PTY LIMITED v AUSTRALIAN SECURITIES COMMISSION NG 3295 OF 1997 LINDGREN J 26 AUGUST 1998

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3295 of 1997

BETWEEN: AMREIN ASSOCIATES PTY LIMITED

Applicant

AND: AUSTRALIAN SECURITIES COMMISSION

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 26 august 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3295 of 1997