Kamha v Australian Securities and Investments Commission [2004] FCA 1668

FEDERAL COURT OF AUSTRALIA

Kamha v Australian Securities and Investments Commission [2004] FCA 1668 PRACTICE AND PROCEDURE – interlocutory injunction – challenge to coercive statutory power – same legal issue concurrently before Full Federal Court – whether injunction should be granted pending Full Court determination or otherwise. ASHRAF KAMHA v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION V 1515 of 2004 GOLDBERG J 14 DECEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1515 of 2004

BETWEEN: ASHRAF KAMHA

Applicant

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 14 DECEMBER 2004

WHERE MADE: MELBOURNE

UPON THE APPLICANT BY HIS COUNSEL UNDERTAKING: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order made hereafter or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to. THE COURT ORDERS THAT:

1. Until the hearing and determination of an application by the applicant to continue the injunction hereby granted beyond 5.00pm, Tuesday 21 December 2004, the respondent be restrained from proceeding with the examination referred to in the notice dated 1 December 2004, issued to the applicant by the respondent, requiring the applicant to appear at an examination at 10.00am on Wednesday, 15 December 2004 at 19‑29 Martin Place, Sydney.

2. The parties file and serve any further affidavits upon which they wish to rely and contentions of fact and law by 5.00pm on 17 December 2004.