Woolfe v Australian Securities & Investments Commission [2004] FCA 1020

FEDERAL COURT OF AUSTRALIA

Woolfe v Australian Securities & Investments Commission [2004] FCA 1020 ADMINISTRATIVE LAW – judicial review – grant of authorisation to eligible applicant to apply for issue of examination summons – liquidators' intention to examine in the future does not invalidate authorisation – not invalid by proceeding on information as to creditor status supplied by applicant grantee – issue of improper purpose not properly raised, particularly when raised in related proceeding CORPORATIONS – authorisation of eligible applicant – third party applicant creditor – purpose of third party said to be to obtain information for its own litigation against other persons – whether decision to grant status invalid – not vitiated by liquidators having intention to examine in the future – not vitiated by making of decision on information supplied as to creditor status – issue of purpose does not properly arise when raised in related proceeding to discharge examination summonses Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e), 5(1)(f), 5(2)(a), 5(2)(b), 13, Sch 2 item (f), Australian Securities and Investments Commission Act 2001 (Cth) s 11, 11(4) Corporations Act 2001 (Cth) ss 9, 497, 553, 553D, 596A, 596B, 597, Pt 1.5 Div 1, Pt 5.6 Div 6, Pt 5.9 Div 1 Judiciary Act 1903 (Cth) s 39B Corporations Regulations 2001 reg 5.6.47

Douglas-Brown v Furzer (1994) 11 WAR 400 cited Excel Finance Corporation Limited (Receiver and Manager Appointed), Re; Worthley v England (1994) 52 FCR 69 followed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to National Australia Bank Ltd v Market Holdings Pty Ltd (2000) 50 NSWLR 465 considered Queensland Building Services Authority v Australian Securities Commission (1997) 73 FCR 29 considered Selim v McGrath (2004) 22 ACLC 112 considered Soper v Australian Securities & Investments Commission [2004] FCA 854 considered Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2004] FCA 1021 cited DAVID WOOLFE and PAUL DOMINIC EVANS v AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION, ROBERT GEORGES BERNARD RASSOOL and WAINTER PTY LTD W63 of 2004 RD NICHOLSON J 6 AUGUST 2004 PERTH