Collie v Behan [1997] FCA 1191

Collie v Behan [1997] FCA 1191

The conduct and decisions challenged by the applicants regarding notices issued under s 600(2) of the Corporations Law were not reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth), nor did the applicants establish grounds justifying interlocutory relief; accordingly, the motion was dismissed.

Parties
First Applicant: Ian David Stafford Collie; Second Applicant: Caroline Helen Collie; First Respondent: Brendan Charles Behan; Second Respondent: Diane Binstead; Third Respondent: Australian Securities Commission
Jurisdiction
Australia
Judgment Date
17 October 1997
Procedural Posture
Application for Interlocutory Relief / Motion Hearing and Determination
Outcome
Application for interlocutory relief dismissed
Legal Topics
Interlocutory Injunctions, Review of Administrative Conduct, Costs
Corporations Law Administrative Law Interlocutory Injunctions Review of Administrative Conduct Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Ian David Stafford Collie

First Applicant

Caroline Helen Collie

Second Applicant

Brendan Charles Behan

First Respondent

Diane Binstead

Second Respondent

Australian Securities Commission

Third Respondent

Procedural Posture

Application for Interlocutory Relief / Motion Hearing and Determination

Legal Issues

  1. 1 Whether interlocutory relief restraining the ASC from proceeding with hearings under s 600(2) Corporations Law should be granted
  2. 2 Whether conduct anterior to a decision to issue a s 600(2) notice is reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth)

Ratio Decidendi

The conduct and decisions challenged by the applicants regarding notices issued under s 600(2) of the Corporations Law were not reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth), nor did the applicants establish grounds justifying interlocutory relief; accordingly, the motion was dismissed.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • The motion be dismissed.
  • The applicants on the motion pay the respondents' costs, to be taxed if not agreed.