Birdseye v Companies Auditors & Liquidators Disciplinary Board [2002] FCA 280

FEDERAL COURT OF AUSTRALIA

Birdseye v Companies Auditors & Liquidators Disciplinary Board [2002] FCA 280

CORPORATIONS LAW – Appeal from decision of the Administrative Appeals Tribunal affirming decision of the Companies Auditors & Liquidators Disciplinary Board that applicant's registration as an auditor be cancelled where applicant became a bankrupt – whether order of court permitting applicant to participate in management of corporations had the consequence that applicant's registration as auditor should not be cancelled – whether court order can permit an insolvent person who is disqualified from managing corporations generally to participate in the management of any corporation or whether effect of order limited to specific corporations or class of corporation – whether decision of the Administrative Appeals Tribunal moot where applicant discharged from bankruptcy after decision of the Tribunal.

Corporations Law ss 1292(7), 206B(1), 206A(1), 206G, 296G, 1292(1), 1288

Freeman v Secretary, Department of Social Security (1988) 19 FCR 342 discussed Drake v The Minister (1979) 24 ALR 577 cited BIRDSEYE V COMPANIES AUDITORS & LIQUIDATORS DISCIPLINARY BOARD S161 of 2001 HILL J 19 MARCH 2002 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY S161 OF 2001

BETWEEN: NICHOLAS GUY BIRDSEYE

APPLICANT

AND: COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD

FIRST RESPONDENT

AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION

SECOND RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 19 MARCH 2002

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the respondents.

IN THE FEDERAL COURT OF AUSTRALIA