Callychurn v Australian Securities and Investments Commission [2017] FCA 29

FEDERAL COURT OF AUSTRALIA

Callychurn v Australian Securities and Investments Commission [2017] FCA 29 Appeal from: Callychurn and Australian Securities and Investments Commission [2016] AATA 114

File number: NSD 446 of 2016

Judge: BEACH J

Date of judgment: 27 January 2017

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal to vary a decision of the Australian Securities and Investments Commission to make a banning order under s 80(1) of the National Consumer Credit Protection Act 2009 (Cth) – appeal from a decision of the Administrative Appeals Tribunal to affirm a decision of the Australian Securities and Investments Commission to cancel an Australian credit licence under s 55(1) of the National Consumer Credit Protection Act 2009 (Cth) – whether credit licensee was a fit and proper person – whether person likely to contravene credit legislation in the future – whether there was a denial of procedural fairness – apprehended bias – appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth) ss 2, 2C, 13 Administrative Appeals Tribunal Act 1975 (Cth) s 44 National Consumer Credit Protection Act 2009 (Cth) ss 5, 13, 37, 47, 53, 55, 80, 225, 327

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Callychurn and Australian Securities and Investments Commission [2015] AATA 567 Callychurn and Australian Securities and Investments Commission [2015] AATA 726 Callychurn and Australian Securities and Investments Commission [2016] AATA 114 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 House v Defence Force Retirement and Death Benefits Authority (2011) 193 FCR 112 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 55