Hamilton v Whitehead [1988] HCA 65

High Court of Australia Mason C.J. Wilson and Toohey JJ. Hamilton v Whitehead [1988] HCA 65

ORDER Application for special leave to appeal granted. Appeal allowed. Set aside the orders of the Supreme Court of Western Australia dated 19 July 1988 in Matters Nos. 1275, 1276, 1277 and 1279, all of 1987. Remit the matter to the Supreme Court for the necessary orders to be made in accordance with the judgment of this Court.

Cur. adv. vult.

The Court delivered the following written judgment:—

Dec. 7 Mason C.J., Wilson and Toohey JJ.

The applicant seeks special leave to appeal from the decision of a single Judge (Franklyn J.) of the Supreme Court of Western Australia whereby his Honour, inter alia, discharged four orders to review granted in accordance with s. 197 of the Justices Act 1902 WA. There is no appeal to the Full Court of the Supreme Court from any determination of a single Judge made on the return of any order to review: Justices Act, s. 206A.

The applicant was the complainant in proceedings instituted in the Court of Petty Sessions at Perth against Establish Pty. Ltd. ("the company"), of which the respondent was the managing director, and against the respondent. The company was charged with six offences under ss. 169 and 174 of the Companies (Western Australia) Code ("the Code"), namely, that, not being a company within s. 164 nor an authorized agent of such a company, it offered or issued to the public a prescribed interest in the Class European Restoration Syndicate Trust. The respondent was charged on six counts of being knowingly concerned in the commission of the offences alleged against the company, each count relying on s. 169 of the Code and s. 38(1) of the Companies and Securities (Interpretation and Miscellaneous Provisions) (Western Australia) Code ("the Interpretation Code").