ML v Australian Securities and Investments Commission [2013] NSWCA 109

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ML v Australian Securities and Investments Commission [2013] NSWCA 109 Hearing dates: 2 May 2013 Decision date: 02 May 2013 Before: Basten JA Decision: 1. The name of the applicant and information which will allow him to be identified is not to be published. 2. Order 1 is an interim order made under s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) as being necessary to prevent prejudice to the proper administration of justice and is to continue until the order made in the Common Law Division is terminated or until further order of this Court, whichever first occurs. 3. Paragraph 13 of the affidavit of John Leslie Sutton of 2 May 2013 filed for the applicant is rejected on the basis that the contents, which are relied on only in relation to the non-publication order application (and which include hearsay) are of marginal relevance and in part scandalous. 4. Dismiss the application for a stay of the Companies and Liquidators Disciplinary Board proceedings 02/NSW12. 5. Otherwise dismiss the notice of motion filed 2 May 2013. 6. Order that the applicant pay the first respondent's costs of the motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - jurisdiction of State courts - where Commonwealth authority party to proceedings - where State court exercising federal jurisdiction - where no Commonwealth law conferred such federal jurisdiction - whether s 9 Administrative Decisions (Judicial Review) Act 1977 (Cth) excludes jurisdiction - where s 9 subject to s 1337B(3) Corporations Act 2001 (Cth) - where s 1337H(3) requires State Court to transfer s 1337B(3) proceedings to Federal Court unless related to other proceedings pending in a State court - where no such proceedings pending