Applicant X v Australian Prudential Regulation Authority [2005] FCA 1288

NOTE: THIS JUDGMENT IS PUBLISHED IN REDACTED FORM AT THIS STAGE, PENDING THE OUTCOME OF MOTIONS IN APPEALS NSD1793/2005 AND NSD1794/2005 FOR SUPPRESSION ORDERS. THOSE MOTIONS ARE CURRENTLY STOOD OVER FOR DIRECTIONS TO 10 OCTOBER 2005.

FEDERAL COURT OF AUSTRALIA

Applicant X v Australian Prudential Regulation Authority [2005] FCA 1288 STATUTORY INTERPRETATION – Insurance Act 1973 (Cth), s 25A – jurisdiction or power of Australian Prudential Regulation Authority to disqualify a senior manager of a foreign general insurer – territorial nexus with Australia – whether territorial nexus is to be implied – whether implied that person must have been or acted as a senior manager in Australia of the foreign general insurer. STATUTORY INTERPRETATION – Royal Commissions Act 1902, s 6M – whether officer of Australian Prudential Regulation Authority ('APRA') contravened section by giving a notice calling upon person to show cause why he should not be disqualified under s 25A of the Insurance Act 1973 (Cth), based on facts of which he testified before a Royal Commission – whether APRA would do so by proceeding to disqualify him on the basis of those facts.

Insurance Act 1973 (Cth), ss 24, 25A Royal Commissions Act 1902, s 6M Acts Interpretation Act 1901 (Cth), ss 15A, 21, 46 Crowe v The Commonwealth (1935) 54 CLR 69 Kirmani v Captain Cook Cruises Pty Ltd (No 1) (1985) 159 CLR 351 Kamha v Australian Prudential Regulation Authority [2005] FCA 480 D Pearce & R Geddes, Statutory Interpretation in Australia, 5th ed, Butterworths, Sydney, 2001

APPLICANT X & ANOR v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY & ANOR

NSD 726 of 2005

APPLICANT Y & ANOR v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY & ANOR

NSD 727 of 2005

LINDGREN J

16 SEPTEMBER 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA N 726 OF 2005

NEW SOUTH WALES DISTRICT REGISTRY