Saraceni v Australian Securities and Investments Commission [2012] FCA 688

FEDERAL COURT OF AUSTRALIA

Saraceni v Australian Securities and Investments Commission [2012] FCA 688 Citation: Saraceni v Australian Securities and Investments Commission [2012] FCA 688

Parties: LUKE SARACENI v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION, MARTIN BRUCE JONES AND JOHN ROSS LINDHOLM AS RECEIVERS AND MANAGERS OF SEAPORT PTY LTD ACN 085 027 176 (RECEIVERS AND MANAGERS APPOINTED), MARTIN BRUCE JONES, DARREN GORDON WEAVER AND ANDREW JOHN SAKER AS RECEIVERS AND MANAGERS OF NEWPORT SECURITIES PTY LTD ACN 059 217 439 (RECEIVERS AND MANAGERS APPOINTED) (CONTROLLERS APPOINTED) AND AS AGENT OF THE MORTGAGEE IN POSSESSION OF THE PROPERTY THE SUBJECT OF CERTIFICATE OF TITLE VOLUME 2069 FOLIO 895 KNOWN AS 3517 CAVES ROAD, WILYABRUP, ALSO KNOWN AS LOT 2 CAVES ROAD, WILYABRUP and MARTIN BRUCE JONES, DARREN GORDON WEAVER AND ANDREW JOHN SAKER AS RECEIVERS AND MANAGERS OF MAYPORT NOMINEES PTY LTD ACN 070 052 603 (RECEIVERS AND MANAGERS APPOINTED)

File number: WAD 352 of 2011

Judge: BARKER J

Date of judgment: 28 June 2012

Catchwords: ADMINISTRATIVE LAW – application for summary judgment – exercise of power to authorise a person for the purpose of Pt 5.9 of the Corporations Act 2001 (Cth) – judicial review – natural justice – procedural fairness – improper exercise of power – decision under an enactment

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3(1), s 5(1), s 5(1)(a), s 5(1)(e), s 5(1)(j) Australian Securities and Investments Commission Act 2001 (Cth) s 11, s 50 Australian Securities Commission Act 1989 (Cth) s 11(4), s 11(7) Corporations Act 2001 (Cth) s 9, s 596A, 596A(b), s 596B, Div 1, Pt 5.3, Pt 5.9, Ch 5 Corporations Law (Cth) s 597, s 597(1), s 597(2), s 597(3) Federal Court of Australia Act 1976 (Cth) s 23, s 31A, s 31A(2) Judiciary Act 1903 (Cth) s 39B Uniform Companies Code 1981