Allan, D.N. v. The National Companies & Securities Commission & Anor [1986] FCA 202

Allan, D.N. v. The National Companies & Securities Commission & Anor [1986] FCA 202

A decision under s.417(6)(b) of the Companies (Western Australia) Code is a decision made in the performance of a function or the exercise of a power conferred on the Commission by a State Act, and is thus excluded from review under the Administrative Decisions (Judicial Review) Act 1977 by virtue of Schedule 1 para.(m).

Parties
Applicant: Dudley Norman Allan; First Respondent: The National Companies and Securities Commission; Second Respondent: Alan Davidson Smith (as Commissioner for Corporate Affairs)
Jurisdiction
Australia
Judgment Date
23 May 1986
Procedural Posture
Judicial Review Application / Objection to Competency Preliminary Matter
Outcome
Objection to competency allowed; application dismissed with costs.
Legal Topics
Judicial Review, Administrative Decisions, Winding Up of Companies, Disqualification of Liquidators, Interaction of Federal and State Legislation
Administrative Law Company Law Judicial Review Administrative Decisions Winding Up of Companies Disqualification of Liquidators Interaction of Federal and State Legislation

Case Brief

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Parties

Dudley Norman Allan

Applicant

The National Companies and Securities Commission

First Respondent

Alan Davidson Smith (as Commissioner for Corporate Affairs)

Second Respondent

Procedural Posture

Judicial Review Application / Objection to Competency Preliminary Matter

Legal Issues

  1. 1 Whether a direction under s.417(6)(b) of the Companies (Western Australia) Code is a decision to which the Administrative Decisions (Judicial Review) Act 1977 applies
  2. 2 Whether such a decision is excluded by Schedule 1 para.(m) of the Administrative Decisions (Judicial Review) Act

Ratio Decidendi

A decision under s.417(6)(b) of the Companies (Western Australia) Code is a decision made in the performance of a function or the exercise of a power conferred on the Commission by a State Act, and is thus excluded from review under the Administrative Decisions (Judicial Review) Act 1977 by virtue of Schedule 1 para.(m).

Court Disposition

Objection to competency allowed; application dismissed with costs.

Orders

  • The objection to competency is allowed.
  • The application is dismissed.