Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allied Asia Holdings (Aust) Pty Ltd v Australian
Securities & Investments Commission [2002] FCA 566
INTERLOCUTORY INJUNCTION –application to restrain respondent from publishing press release publicising decision refusing to renew applicant's registration as general insurance broker – whether applicant's right to apply for stay of decision under the Administrative Appeals Tribunal Act 1975 (Cth) supports the grant of an interlocutory injunction – decision required by statute to be published in the Gazette – remedy of self-help available
Insurance (Agents and Brokers) Act 1984 (Cth) s 21(5) Administrative Appeals Tribunal Act 1975 (Cth) s 41(2)
Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 185 ALR 1 at [105] applied ALLIED ASIA HOLDINGS (AUST) PTY LTD v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION V 245 OF 2002 HEEREY J 29 APRIL 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V245 OF 2002
BETWEEN: ALLIED ASIA HOLDINGS (AUST) PTY LTD
ACN 068 501 799
APPLICANT
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 29 APRIL 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V245 OF 2002
BETWEEN: ALLIED ASIA HOLDINGS (AUST) PTY LTD
ACN 068 501 799
APPLICANT
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
RESPONDENT
JUDGE: HEEREY J
DATE: 29 APRIL 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 The applicant Allied Asia Holdings (Aust) Pty Ltd has since 1995 carried on business as a general insurance broker trading as Allied Asia Wholesale Insurance Brokers and Allied Asia Underwriting Agencies. On 26 April 2002 the respondent, the Australian Securities and Investments Commission (the Commission) by its delegate made a decision under s 21(2)(c) of the Insurance (Agents and Brokers) Act 1984 (Cth) (the IAB Act) to refuse to renew the applicant's registration as a general insurance broker. On the same day the Commission notified the applicant's solicitors by letter that it intended to publish a press release recording this fact and the findings made by the delegate. 2 The applicant brings an application under s 39B of the Judiciary Act 1903 (Cth) and ss 19 and 23 of the Federal Court of Australia Act 1976 (Cth) (the FCA Act) seeking interlocutory and permanent injunctive relief to restrain the Commission from publishing the press release until the decision to refuse to refuse renewal of the registration has been reviewed by the Administrative Appeals Tribunal (the AAT). This application is opposed by the Commission.
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