SMITH v CORPORATE AFFAIRS COMMISSION SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL KIRBY ACJ, SAMUELS and MAHONEY JJA 6 July 1988, 6 July 1988 [1988] NSWCA 136 COMPANY LAW — Companies (NSW) Code s96, s 572(1) — prosecution officer — officer's knowing concern — decision of McInerney J — whether appeal to Court of Appeal timely — held: appeal not timely — leave to appeal refused — appeal (if any) should proceed after magistrate has found relevant facts. Companies (New South Wales) Code, s96, s572 ORDER Summons for leave to appeal dismissed with costs. Kirby ACJ The Court does not consider that this is an appropriate or proper matter in which to grant leave to appeal. It has formed no view about the correctness of McInerney J's reasons for judgment. The matters raised in that judgment may come up for timely consideration either before us, or elsewhere, on a future occasion. They will then be determined on the basis of findings of fact which are made by the magistrate when the matter is returned to him. The claimant must necessarily pay the costs of the summons for leave to appeal which is dismissed. COUNSEL: Claimant: MR K HANDLEY QC / D CAMPBELL Opponent: MR M F GRAY QC SOLICITORS: Claimant: W G McNALLY AND CO Opponent: SOLICITOR FOR PUBLIC PROSECUTIONS