Australian Securities Commission v Heilbronn, G.R. [1995] FCA 399

Australian Securities Commission v Heilbronn, G.R. [1995] FCA 399

The warrant issued under section 486B of the Corporations Law required only that the respondent be brought before the court. There was no authority to detain the respondent in custody or transfer him to another location once produced. The Service and Execution of Process Act 1992 (Cth) did not apply to the warrant. Costs awarded to the applicant exclude costs incurred from bringing the respondent from Sydney to Brisbane.

Jurisdiction
Australia
Judgment Date
30 May 1995
Procedural Posture
Corporations Law Application / Costs and Procedural Orders Following Warrant Execution
Outcome
Orders made for issuance of summons and partial award of costs to applicant; costs relating to the attempted or purported execution of the warrant excluded.
Legal Topics
['warrants' 'costs' 'execution of Process' 'public Examination']
['corporations Law' 'practice and Procedure'] ['warrants' 'costs' 'execution of Process' 'public Examination']

Case Brief

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Procedural Posture

Corporations Law Application / Costs and Procedural Orders Following Warrant Execution

Legal Issues

  1. 1 ['Whether the Service and Execution of Process Act 1992 (Cth) applied to a warrant issued under section 486B of the Corporations Law' 'Whether the respondent could be held in custody once brought before the court under section 486B' 'Proper allocation of costs relating to the issuance and execution of the warrant']

Ratio Decidendi

The warrant issued under section 486B of the Corporations Law required only that the respondent be brought before the court. There was no authority to detain the respondent in custody or transfer him to another location once produced. The Service and Execution of Process Act 1992 (Cth) did not apply to the warrant. Costs awarded to the applicant exclude costs incurred from bringing the respondent from Sydney to Brisbane.

Court Disposition

Orders made for issuance of summons and partial award of costs to applicant; costs relating to the attempted or purported execution of the warrant excluded.

Orders

  • ['The District Registrar issue a summons in the form of the draft summons marked "B" and lodged with the papers to be returnable at a time and place fixed by the District Registrar.' "The respondent pay the applicant's costs of the application including reserved costs and the costs of today's appearance to be taxed,...