Incat Australuia Pty Ltd v Australian Securities & Investments Commission [2000] FCA 58

FEDERAL COURT OF AUSTRALIA

Incat Australia Pty Ltd v Australian Securities and Investment Commission [2000] FCA 58 CORPORATIONS – appeal from decision of Administrative Appeals Tribunal affirming decision of Australian Securities and Investment Commission that lodging of accounts of companies would not "impose unreasonable burdens" and would not be "inappropriate" – shipbuilding companies – whether profit per vessel would be disclosed to customers – whether sufficient findings of fact – whether reference to evidence or other material on which findings based WORDS AND PHRASES – "unreasonable burdens" Corporations Law ss 294A(1), 313(2),(11) Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Mazda Australia Pty Ltd v Australian Securities Commission (1992) 8 ACSR 613 not followed Minister for Immigration and Ethnic Affairs v Wu Shang Liang (1996) 185 CLR 259 at 271-272 applied Dart Industries Inc v The Décor Corporation Pty Ltd (1993) 179 CLR 101 mentioned Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 applied Re Minister for Immigration and Multicultural Affairs ex parte Durarajasingham [2000] HCA 1 at 23 applied Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500 at 507 applied

INCAT AUSTRALIA PTY LTD & ANOR v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION NO. T23 OF 1999 HEEREY J 4 FEBRUARY 2000 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T23 OF 1999

BETWEEN: INCAT AUSTRALIA PTY LTD (ACN 051 556 855)

First Applicant

INCAT TASMANIA PTY LTD (ACN 954 616 410)

Second Applicant

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 4 FEBRUARY 2000