Australian Securities Commission v White, Errol John [1998] FCA 790

Australian Securities Commission v White, Errol John [1998] FCA 790

The respondent failed to comply with valid statutory notices under the ASC Act requiring attendance for examination and production of specified documents; constitutional objections to validity of notices and investigation are unsustainable; orders made for compliance, restraint, and costs.

Parties
Applicant: Australian Securities Commission; Respondent: Errol John White
Jurisdiction
Australia
Judgment Date
24 June 1998
Procedural Posture
Application / Final Judgment and Orders
Outcome
Application granted
Legal Topics
Non Compliance With Statutory Notice, Investigatory Powers, Production of Documents, Examination on Oath, Corporate Entity Definitions
Corporations Law Regulatory Enforcement Non Compliance With Statutory Notice Investigatory Powers Production of Documents Examination on Oath Corporate Entity Definitions

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Parties

Australian Securities Commission

Applicant

Errol John White

Respondent

Procedural Posture

Application / Final Judgment and Orders

Legal Issues

  1. 1 Whether Mr White failed to comply with ASC Act s 19 and s 30 notices
  2. 2 Whether the statutory notices were valid and complied with requirements
  3. 3 Whether Mr White had any reasonable excuse or valid objection for non-compliance

Ratio Decidendi

The respondent failed to comply with valid statutory notices under the ASC Act requiring attendance for examination and production of specified documents; constitutional objections to validity of notices and investigation are unsustainable; orders made for compliance, restraint, and costs.

Court Disposition

Application granted

Orders

  • Errol John White ordered to comply with s 19 notice dated 14 April 1998 personally served on 15 April 1998.
  • Errol John White directed to appear for examination at 9.30 am on 1 July 1998 at Level 22, 240 Queen Street, Brisbane and answer questions.