P Dawson Nominees Pty Ltd v Australian Securities and Investments Commission (No 4) [2009] FCA 1502

FEDERAL COURT OF AUSTRALIA

P Dawson Nominees Pty Ltd v Australian Securities and Investments Commission (No 4) [2009] FCA 1502 PRACTICE AND PROCEDURE – subpoena to produce – public interest immunity – disclosure of informer or informers – redaction – balancing exercise. Federal Court of Australia Act 1976: s 35A(5)

Australian Securities and Investments Commission v P Dawson Nominees Pty Ltd (2008) 169 FCR 227, followed P DAWSON NOMINEES PTY LTD (ACN 004 743 408) and FREDERICK HENRY HART v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, BROOKFIELD MULTIPLEX LIMITED (ACN 008 687 063) and BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED (ACN 105 371 917)

VID 1380 of 2006

GOLDBERG J

15 DECEMBER 2009

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

general division VID 1380 of 2006

BETWEEN: P DAWSON NOMINEES PTY LTD (ACN 004 743 408)

First Applicant

FREDERICK HENRY HART

Second Applicant

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

First Respondent

BROOKFIELD MULTIPLEX LIMITED (ACN 008 687 063)

Second Respondent

BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED (ACN 105 371 917)

Third Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 15 DECEMBER 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The further hearing of the proceeding is adjourned to 23 December 2009 at 9.30am to enable the parties to make submissions as to the orders which should be made consequent upon the reasons for judgment published this day. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION VID 1380 of 2006