McLachlan, Hamish Boyd v Australian Securities Comm & Anor [1998] FCA 951

McLachlan, Hamish Boyd v Australian Securities Comm & Anor [1998] FCA 951

Natural justice does not oblige the Australian Securities Commission to provide an applicant with all relevant material in its possession, nor does it require disclosure of material not relied upon or not adverse to the applicant with regard to the conduct under consideration for banning. The ASC satisfied its obligations by specifying the conduct relied upon and relevant materials; no unfairness resulted from non-disclosure.

Jurisdiction
Australia
Judgment Date
31 July 1998
Procedural Posture
Judicial Review Application / Final Judgment/dismissal of Application
Outcome
Application dismissed
Legal Topics
['natural Justice' 'discovery in Administrative Proceedings' 'banning Orders' 'disclosure Obligations']
['administrative Law' 'corporations Law'] ['natural Justice' 'discovery in Administrative Proceedings' 'banning Orders' 'disclosure Obligations']

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Procedural Posture

Judicial Review Application / Final Judgment/dismissal of Application

Legal Issues

  1. 1 ['Whether natural justice obliges the Australian Securities Commission to provide an applicant with all relevant material which it holds' 'Whether the Australian Securities Commission can rely on material adverse to the applicant while excluding other relevant material' 'Whether information acquired by the decision maker in one capacity must be disclosed when acting in another capacity']

Ratio Decidendi

Natural justice does not oblige the Australian Securities Commission to provide an applicant with all relevant material in its possession, nor does it require disclosure of material not relied upon or not adverse to the applicant with regard to the conduct under consideration for banning. The ASC satisfied its obligations by specifying the conduct relied upon and relevant materials; no unfairness resulted from non-disclosure.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed']