Australian Prudential Regulation Authority v TMeffect Pty Ltd (No 2) [2018] FCA 678

Australian Prudential Regulation Authority v TMeffect Pty Ltd (No 2) [2018] FCA 678

Because the Tribunal's decision had been found in TMeffect (No. 1) to be tainted by errors of law, and because setting aside that decision was implicit in the order remitting the matter for reconsideration, it was appropriate to make an express order setting aside the Tribunal's decision made on 22 June 2017. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 May 2018
Procedural Posture
Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal / Further Orders After Appeal Allowed, Concerning Setting Aside the Tribunal's Decision and Costs
Outcome
The Tribunal's decision was set aside and the respondent was ordered to pay the applicant's costs of and incidental to the Federal Court proceeding as agreed or taxed.
Legal Topics
['appeal From Administrative Appeals Tribunal on Question of Law' 'use of Restricted Word "bank"' 'orders Setting Aside Tribunal Decision' 'costs' 'corporation Appearing Without a Lawyer']
['administrative Law' 'banking and Financial Regulation' 'civil Procedure'] ['appeal From Administrative Appeals Tribunal on Question of Law' 'use of Restricted Word "bank"' 'orders Setting Aside Tribunal Decision' 'costs' 'corporation Appearing Without a Lawyer']

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Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal / Further Orders After Appeal Allowed, Concerning Setting Aside the Tribunal's Decision and Costs

Legal Issues

  1. 1 ["Whether an order should be made expressly setting aside the Administrative Appeals Tribunal's decision made on 22 June 2017." 'Whether the Court could permit the respondent\'s continued limited or non-trading use of the restricted word "bank" pending reconsideration by the Tribunal.' "Whether amendments to s 66 of the Banking Act 1959 (Cth) affected the utility of the proceedings or the respondent's circumstances."]

Ratio Decidendi

Because the Tribunal's decision had been found in TMeffect (No. 1) to be tainted by errors of law, and because setting aside that decision was implicit in the order remitting the matter for reconsideration, it was appropriate to make an express order setting aside the Tribunal's decision made on 22 June 2017. The Court could not permit continued use of the restricted word "bank", and the later repeal of s 66(2C) of the Banking Act 1959 (Cth) was not retrospective and did not affect the respondent's circumstances or the utility of the proceedings.

Court Disposition

The Tribunal's decision was set aside and the respondent was ordered to pay the applicant's costs of and incidental to the Federal Court proceeding as agreed or taxed.

Orders

  • ['The decision of the Administrative Appeals Tribunal made on 22 June 2017 is set aside.' "The respondent pay the applicant's costs of and incidental to the proceeding in the Federal Court of Australia in an amount as agreed or, failing agreement, as taxed."]