Clifford Corporation Ltd v Australian Securities & Investments Commission [1998] FCA 1619

FEDERAL COURT OF AUSTRALIA

CORPORATIONS - validity of notice requiring production of books given by Australian Securities and Investment Commission under s 30 of ASC Law – whether preamble of notice identified alleged or suspected contravention of Corporations Law – whether notice ambiguous – whether notice oppressive – meaning of expression "relating to". WORDS AND PHRASES – "relating to" ASC Law, ss 28, 30 Corporations Law, s 1001A

Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 (applied) Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710 (applied)

CLIFFORD CORPORATION LIMITED v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

NG 3202 of 1998 LINDGREN J SYDNEY 14 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3202 of 1998

BETWEEN: CLIFFORD CORPORATION LIMITED (ACN 000 750 103)

APPLICANT

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 14 DECEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be treated as an application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) for an order of review of the decision of the respondent to issue to the applicant notice dated 24 November 1998 requiring the production of books, and that compliance with O 54 of the Federal Court Rules be dispensed with. 2. The application be dismissed. 3. The parties have liberty to apply in respect of costs on a date and at a time by arrangement with the Associate to Lindgren J. 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 3202 of 1998