Australian Prudential Regulation Authority v Administrative Appeals Tribunal [2005] FCA 1916

Australian Prudential Regulation Authority v Administrative Appeals Tribunal [2005] FCA 1916

The balance of convenience favours suspending the operation of the s 37(2) decision pending determination of the application for judicial review: no substantial inconvenience or injustice will result, and the applicant may raise arguable points regarding relevance and the bounds of the Tribunal's power.

Jurisdiction
Australia
Judgment Date
20 December 2005
Procedural Posture
Application for Judicial Review / Interlocutory Orders
Outcome
Interlocutory orders granted; operation of the Tribunal's s 37(2) decision suspended; expedition ordered; no order as to costs.
Legal Topics
['judicial Review' 'merits Review' 'production of Documents' 'confidentiality Orders' 'balance of Convenience']
['administrative Law'] ['judicial Review' 'merits Review' 'production of Documents' 'confidentiality Orders' 'balance of Convenience']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judicial Review / Interlocutory Orders

Legal Issues

  1. 1 ["Whether the Tribunal's s 37(2) decision was properly made in requiring production of documents by APRA" 'Whether merits review by the Tribunal requires consistency in administrative decision-making' "Whether material relating to other individuals is relevant to the review of APRA's disqualification decision" 'Whether operation of the s 37(2) notice should be stayed pending judicial review']

Ratio Decidendi

The balance of convenience favours suspending the operation of the s 37(2) decision pending determination of the application for judicial review: no substantial inconvenience or injustice will result, and the applicant may raise arguable points regarding relevance and the bounds of the Tribunal's power.

Court Disposition

Interlocutory orders granted; operation of the Tribunal's s 37(2) decision suspended; expedition ordered; no order as to costs.

Orders

  • ['The affidavit of Marcus Bezzi sworn 16 December 2005 and exhibited documents not be published other than to specified persons until further order.' "Operation of the Tribunal's s 37(2) decision of 24 November 2005 is suspended pending determination or further Court order." 'Hearing of the proceeding to be...