Australian Securities Commission v Bell, Noel Andrew & Ors [1995] FCA 1042

Australian Securities Commission v Bell, Noel Andrew & Ors [1995] FCA 1042

No binding agreement was established between the applicant and respondents precluding the latter from filing a defence. The evidentiary basis is insufficient and ambiguous; leave is granted to file the defence out of time as settlement negotiations explain the delayed filing, and amendments can be sought if necessary. Injunctive or declaratory relief is not currently available as the defence stands and settlement failed.

Jurisdiction
Australia
Judgment Date
21 December 1995
Procedural Posture
Application for Declarations and Injunctions / Interlocutory (motion for Judgment, Leave to File Defence)
Outcome
Applicant's motion for judgment refused; leave granted to file defence; costs reserved.
Legal Topics
['entry of Judgment' 'agreements in Litigation' 'extension of Time' 'injunctions' 'declarations' 'abuse of Process' 'embarrassment in Pleadings']
['corporations Law' 'civil Procedure'] ['entry of Judgment' 'agreements in Litigation' 'extension of Time' 'injunctions' 'declarations' 'abuse of Process' 'embarrassment in Pleadings']

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 Declarations and Injunctions / Interlocutory (motion for Judgment, Leave to File Defence)

Legal Issues

  1. 1 ['Whether there was an agreement not to file a defence and consent to injunctive relief' 'Whether the defence filed was an abuse of process' 'Whether leave should be granted to file a defence out of time' 'Whether injunctive or declaratory relief should be granted']

Ratio Decidendi

No binding agreement was established between the applicant and respondents precluding the latter from filing a defence. The evidentiary basis is insufficient and ambiguous; leave is granted to file the defence out of time as settlement negotiations explain the delayed filing, and amendments can be sought if necessary. Injunctive or declaratory relief is not currently available as the defence stands and settlement failed.

Court Disposition

Applicant's motion for judgment refused; leave granted to file defence; costs reserved.

Orders

  • ["The applicant's motion dated 4 October 1995 be refused." "The time for filing of the respondents' defence dated 13 October 1995 be extended to and including 13 October 1995." 'Costs be reserved pending written submissions.' 'Matter listed for directions hearing on 16 February 1996 at 4.00 pm.']