Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Porter v Australian Prudential Regulation Authority [2010] FCA 125 Citation: Porter v Australian Prudential Regulation Authority [2010] FCA 125
Parties: ROSS DAVID PORTER and FIONA CAMPBELL SHAND v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY and WARREN SCOTT
File number: NSD 962 of 2009
Judge: PERRAM J
Date of judgment: 25 February 2010
Catchwords: INSURANCE – Notice of intention by regulator to investigate affairs of general insurer – Whether notice may be served on judicial manager of general insurer INSURANCE – Notice to produce to regulator books in possession of persons – Whether liable to be set aside ADMINISTRATIVE LAW – Notice of intention by regulator to investigate affairs of general insurer – Notice served on judicial manager of general insurer rather than on general insurer – Whether failure to serve means that ensuing decision to investigate affairs of general insurer afflicted by jurisdictional error CORPORATIONS – Judicial management – Whether service on judicial manager is service on a corporation
Legislation: Acts Interpretation Act 1901 (Cth) s 25 Corporations Act 2001 (Cth) s 109X Federal Court of Australia Act 1976 (Cth) ss 5, 23 Federal Court Rules O 26 r 1 Insurance Act 1973 (Cth) ss 3, 52, 55, 62M, 62P, 62Q, 62R, 62S, 62T, 62U, 62X, 62Y, 62ZF Trade Practices Act 1974 (Cth) s 155
Cases cited: Andrew Koh Nominees Pty Ltd v Receiver & Manager of the Balneum Joint Venture [2007] WASCA 152 cited Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 cited Burt, Boulton and Hayward v Bull [1895] 1 QB 276 cited Chaplin v Young (1862) 6 LT 97 cited De Grelle and Co v Bull and Ward (1894) 10 TLR 198 cited Different Solutions Pty Ltd v Commissioner, Australian Federal Police (No 2) [2008] FCA 1686 cited East Melbourne Group Inc v Minister for Planning [2008] VSCA 217 cited Re Flowers & Co [1897] 1 QB 14 applied Gibbs v David (1875) LR 20 Eq 373 cited Kennedy v Baker (No 2) [2004] FCA 809 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Minister for Immigration and Citizenship v SZIZO (2009) 259 ALR 405 applied Re Minister for Resources; Ex parte Cazaly Iron Pty Ltd [2007] WSCA 175 cited Pyneboard Pty Ltd v Trade Practices Commission (1982) 57 FLR 368 cited R v Henderson & Warwick [2009] VSCA 136 cited Rosanove v O'Rourke [1988] 1 QdR 171 cited Seven Network Ltd v Australian Competition and Consumer Commission (2004) 140 FCR 170 cited University of Western Australia v Gray (No 6) [2006] FCA 1825 cited
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