Mentha v Australian Securities and Investments Commission [2023] FCA 667

Federal Court of Australia

Mentha v Australian Securities and Investments Commission [2023] FCA 667 File number(s): VID 200 of 2023

Judgment of: BUTTON J

Date of judgment: 20 June 2023

Catchwords: PRACTICE AND PROCEDURE – suppression orders – where suppression orders are sought in relation to parts of a letter from the second respondent to the Australian Securities and Investments Commission (ASIC) seeking authorisation as an eligible applicant to apply for examination summonses under Div 1 of Pt 5.9 of the Corporations Act 2001 (Cth), and parts of further correspondence with ASIC and internal ASIC documents – where liquidators of company have sought judicial review of ASIC's decision to grant eligible applicant status – whether suppression order is "necessary to prevent prejudice to the proper administration of justice" – whether not making suppression order will result in topics of proposed examination being disclosed to any material extent given previous ventilation of issues of concern so as to prejudice the proper administration of justice – whether not making suppression order sought will prejudice the proper administration of justice by effectively granting access to an affidavit otherwise confidential under s 596C of the Corporations Act 2001 (Cth) and r 11.3 of the Supreme Court (Corporations) Rules 1999 (NSW) – application for suppression order dismissed – Federal Court of Australia Act 1976 (Cth) s 37AF, s 37AG

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 127 Corporations Act 2001 (Cth) ss 439A, 447A, 447D, 596A, 596B, 596C Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG Supreme Court (Corporations) Rules 1999 (NSW) r 11.3