Auton v Australian Prudential Regulation Authority (No 2) [2003] FCA 408

FEDERAL COURT OF AUSTRALIA

Auton v Australian Prudential Regulation Authority (No 2) [2003] FCA 408

ROGER AUTON v AUSTRALIAN PRUDENTIAL REGULATION

AUTHORITY AND ANOR

N 77 OF 2003 LINDGREN J 2 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 77 OF 2003

BETWEEN: ROGER AUTON

APPLICANT

AND: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

FIRST RESPONDENT

EARL BURGESS

SECOND RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 2 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 N 77 OF 2003

BETWEEN: ROGER AUTON

APPLICANT

AND: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

FIRST RESPONDENT

EARL BURGESS

SECOND RESPONDENT

JUDGE: LINDGREN J

DATE: 2 MAY 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT (No 2)

1 I published reasons for judgment on 17 April 2003. It follows from them that the application must be dismissed. The remaining issue, now before the Court, is that of costs.

2 I will take my earlier reasons for judgment as read and will use the abbreviated forms of reference that were used in them.

3 On 11 March 2003 APRA stated that it would not press material in Attachment B to the Show Cause Letter relating to the CNA matter. Mr Auton submits that this shows that he achieved some success in the proceeding.

4 It is pointed out on behalf of Mr Auton that the facts which apparently led to APRA's decision no longer to rely on the CNA allegations, had been drawn to its attention in DBG'S letter to APRA dated 31 October 2002 and again at a meeting on 7 January 2003.