Kamha v Australian Prudential Regulation Authority [2005] FCA 688

FEDERAL COURT OF AUSTRALIA

Kamha v Australian Prudential Regulation Authority [2005] FCA 688

INSURANCE – insurance companies – disqualified persons

COURTS – decision to disqualify applicant pursuant to Insurance Act set aside and matter remitted for reconsideration by Australian Prudential Regulation Authority – injunction sought to restrain future decision to disqualify except on terms – even if power existed pursuant to s 23 Federal Court of Australia Act 1976 it would not be exercised where the orders of the Court effectively dispose of the matter before it

Insurance Act 1973 (Cth), s 25A

Federal Court of Australia Act 1976 (Cth), s 23

Kamha v Australian Prudential Regulation Authority [2005] FCA 480, related

ASHRAF IBRAHIM HELMY KAMHA v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY AND DARRYL ROBERTS

NSD 271 OF 2005

GYLES J

27 APRIL 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 271 OF 2005

BETWEEN: ASHRAF IBRAHIM HELMY KAMHA

APPLICANT

AND: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

FIRST RESPONDENT

DARRYL ROBERTS

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 27 APRIL 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the first respondent by its delegate the second respondent of 16 February 2005 under s 25A of the Insurance Act 1973 (Cth) to disqualify the applicant be set aside.

2. The matter to which the said decision relates be remitted to the first respondent for further consideration according to law.

3. The further amended application dated 14 March 2005 otherwise be dismissed.

4. The first respondent to pay 50 per cent of the applicant's costs.

THE COURT NOTES the undertaking by counsel on behalf of the first respondent that it will make no decision to disqualify the applicant on or before 19 May next.