CP Ventures Pty Ltd v McKeon [1999] FCA 1272

FEDERAL COURT OF AUSTRALIA

C P Ventures Pty Ltd v McKeon [1999] FCA 1272

CORPORATIONS LAW – takeovers – application by Australian Securities and Investments Commission ("the Commission") to the Corporations and Securities Panel ("the Panel") for a declaration that unacceptable circumstances had occurred – whether apprehended bias or perceived bias in relation to one of the sitting members of the Panel – whether that member invalidly appointed – whether her appointment should have been revoked – whether the Panel erred by refusing to expand its brief. Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Australian Securities and Investments Commission Act 1989 (Cth), s 184(2), 185

Re Finance Sector Union of Australia; Ex parte Illaton Pty Ltd (1992) 66 ALJR 583 applied Najjar v Haines (1991) 25 NSWLR 224 applied Vakauta v Kelly (1989) 167 CLR 568 applied Brooks v Upjohn (1998) 156 ALR 622 applied Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd (1996) 135 ALR 753 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited

C P VENTURES PTY LTD v SIMON McKEON AS PRESIDENT OF THE CORPORATIONS AND SECURITIES PANEL and CORPORATIONS AND SECURITIES PANEL

W 83 of 1999

CARR J

13 SEPTEMBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 83 OF 1999

BETWEEN: C P VENTURES PTY LTD (ACN 006 306 565)

Applicant

AND: SIMON McKEON AS PRESIDENT OF THE CORPORATIONS AND SECURITIES PANEL

First Respondent

CORPORATIONS AND SECURITIES PANEL

Second Respondent

JUDGE: CARR J

DATE OF ORDER: 13 SEPTEMBER 1999

WHERE MADE: PERTH

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