Dean-Willcocks v Companies Auditors and Liquidators Disciplinary Board [2006] FCA 555

FEDERAL COURT OF AUSTRALIA Dean-Willcocks v Companies Auditors and Liquidators Disciplinary Board [2006] FCA 555 CORPORATIONS – Application for interlocutory injunction - Companies Auditors and Liquidators Disciplinary Board suspended applicant's registration as liquidator – applicant sought stay to restrain publication of Board's determination - need for plaintiff to show a serious question to be tried – whether Board must look at the particular circumstances of each case in assessing conflict of interest – application of balance of convenience test – adverse affect on applicant's reputation – serious inconvenience to applicant – protective nature of Board's function ensuring compliance with professional codes of conduct –foreseeable harm if stay is granted and hearing is expedited. Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Corporations Act 2001 (Cth), s 1292 Pongrass Group Operations Pty Ltd v Lowerpinems Pty Ltd (1994) 15 ACSR 341, cited Commonwealth of Australia v Irving (1996) 144 ALR 172, cited Network Exchange Pty Ltd v MIG Communications Pty Ltd (1994) 13 ACSR 544, cited Advance Housing Pty Ltd (In Liq) v Newcastle Classic Developments Pty Ltd (1994) 14 ACSR 230, cited RONALD JOHN DEAN-WILLCOCKS v COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD AND AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION NSD 734 OF 2006 TAMBERLIN J SYDNEY 19 MAY 2006 IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 734 OF 2006

BETWEEN: RONALD JOHN DEAN-WILLCOCKS

APPLICANT

AND: COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD

FIRST RESPONDENT

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

SECOND RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 19 MAY 2006