Saraceni v Australian Securities and Investments Commission [2012] FCA 899

FEDERAL COURT OF AUSTRALIA

Saraceni v Australian Securities and Investments Commission [2012] FCA 899 Citation: Saraceni v Australian Securities and Investments Commission [2012] FCA 899

Appeal from: Application for leave to appeal: 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 151 of 2012

Judge: MCKERRACHER J

Date of judgment: 22 August 2012

Catchwords: APPEAL – application for leave – whether the leave application should be heard by single judge or Full Court – appeal from judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) – matters of some general significance – leave by single judge likely to be granted – greater utility in requiring leave to Full Court to be heard with the appeal if leave granted