Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dynamic Supplies Pty Ltd v Australian Securities and Investments Commission [2010] FCA 806 Citation: Dynamic Supplies Pty Ltd v Australian Securities and Investments Commission [2010] FCA 806
Appeal from: Dynamic Supplies Pty Ltd and Australian Securities and Investments Commission [2009] AATA 983
Parties: DYNAMIC SUPPLIES PTY LTD v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number: QUD 9 of 2010
Judge: REEVES J
Date of judgment: 30 July 2010
Catchwords: CORPORATIONS – financial disclosure – application for financial disclosure exemption – whether unreasonable burden – balancing exercise between benefits to public from disclosure and burdens imposed on the company – consideration of whether there is an actual link between compliance and detriment – mere potential for something to occur is not an unreasonable burden – Tribunal properly assessed that Dynamic had established the possibility that anti-competitive consequences would result from compliance rather than the reasonable prospect or likelihood of that consequence occurring. Held: Appeal dismissed
Legislation: Corporations Act 2001 (Cth) ss 45A(3), 292(1), 319(1), 340, 340(1), 342(1)(c), Part 2M.3 Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2) and (2B), 44 Trade Practices Act 1974 (Cth) s 46, Part IV
Cases cited: Kowalski v Military Rehabilitation and Compensation Commission (2010) 114 ALD 8; [2010] FCAFC 10 Incat Australia Pty Ltd v Australian Securities and Investments Commission (2000) 33 ACSR 462; [2000] FCA 58 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Re SRKKK and Australian Securities and Investments Commission (2002) 42 ASCR 551 Brightstar Logistics Pty Ltd v Australian Securities and Investments Commission (No 2) [2010] FCA 435 Directors of Liquid Air (WA) Pty Ltd v Commissioner for Corporate Affairs (1989) 15 ACLR 29 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 TelePacific Pty Ltd v Commissioner of Taxation (2005) 218 ALR 85; [2005] FCA 158 Young v Commissioner of Taxation (Cth) (2010) 111 ALD 345; [2008] FCA 1908 Brown v Repatriation Commission [2006] FCA 914 Bisley Investment Corporation Ltd v Australian Broadcasting Tribunal (1982) 59 FLR 132 Development Consent Authority v Phelps [2010] NTCA 3 Minister for Immigration v Eshetu (1999) 197 CLR 611 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16
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