High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
Matter No M20/2000
AUSTRALIAN SECURITIES AND
INVESTMENTS COMMISSION APPLICANT
AND
EDENSOR NOMINEES PTY LTD & ORS RESPONDENTS
Australian Securities and Investments Commission v Edensor Nominees Pty Ltd
[2001] HCA 1
Date of Order: 30 August 2000
Date of Publication of Reasons: 8 February 2001
M20/2000
ORDER
1. Special leave to appeal granted, and appeal treated as instituted and
heard instanter and allowed.
2. Set aside paragraphs 1 and 2 of the declarations made by the
Full Court of the Federal Court of Australia on 9 March 2000.
3. Remit the matter to the Full Court of the Federal Court of Australia
for further hearing and determination.
4. The respondents to pay the appellant's costs.
On appeal from the Federal Court of Australia
Representation:
D F Jackson QC with S D Rares SC and R D Strong for the applicant (instructed by Australian Securities and Investments Commission)
P R Hayes QC with I D Martindale for the first respondent (instructed by Clayton Utz)
N J Young QC with M C Garner and D J Batt for the second to seventh respondents (instructed by Freehills)
Interveners:
D M J Bennett QC, Solicitor-General of the Commonwealth with M A Perry and J S Stellios intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
D Graham QC, Solicitor-General for the State of Victoria with S G E McLeish intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)
R J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for Western Australia)
B M Selway QC, Solicitor-General for the State of South Australia with R F Gray intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for South Australia)
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