Forge v Australian Securities and Investments Commission [2006] HCA 44

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

WILLIAM ARTHUR FORGE & ORS PLAINTIFFS

AND

AUSTRALIAN SECURITIES AND INVESTMENTS

COMMISSION & ORS DEFENDANTS

Forge v Australian Securities and Investments Commission [2006] HCA 44

5 September 2006

C7/2005

ORDER

1. The First and Second Defendants' Demurrers to the Statement of Claim dated 12 April 2005 are allowed.

2. Judgment for the Defendants with costs.

Representation

R J Ellicott QC with J L Glissan QC, S M Whybrow and W J Wilcher for the plaintiffs (instructed by Ken Cush & Associates)

S J Gageler SC with M R Pearce SC for the first defendant (instructed by Australian Securities and Investments Commission)

M G Sexton SC, Solicitor-General for the State of New South Wales with J G Renwick for the second defendant (instructed by Crown Solicitor for New South Wales)

D M J Bennett QC, Solicitor-General of the Commonwealth with N L Sharp for the third defendant (instructed by Australian Government Solicitor)

Interveners

W C R Bale QC, Solicitor-General of the State of Tasmania with S K Kay intervening on behalf of the Attorney-General of the State of Tasmania (instructed by Solicitor-General of Tasmania)

W C R Bale QC, Solicitor-General of the State of Tasmania with S L Brownhill intervening on behalf of the Attorney-General for the Northern Territory (instructed by Solicitor for the Northern Territory)

R J Meadows QC, Solicitor-General for the State of Western Australia and R M Mitchell intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor's Office (Western Australia))

C J Kourakis QC, Solicitor-General for the State of South Australia with M J Wait and S A McDonald intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor's Office South Australia)