Saraceni v Jones [2012] HCA 38

Saraceni v Jones [2012] HCA 38

The power conferred by sections 596A and 596B of the Corporations Act 2001 (Cth) for courts to order the mandatory examination of a person about the examinable affairs of a corporation is judicial in nature by longstanding tradition and consistent with Chapter III of the Constitution.

Parties
Applicant: Luke Saraceni; Respondents: Martin Bruce Jones as Receiver and Manager of Newport Securities Pty Ltd and as Agent of the Mortgagee in possession of 3517 Caves Road, Wilyabrup & Ors
Jurisdiction
Australia
Judgment Date
07 September 2012
Procedural Posture
Application for Special Leave to Appeal / Decision on Application
Outcome
Special leave to appeal refused with costs.
Legal Topics
Judicial Power, Examination of Persons, Powers of Receiver, Corporations Act 2001 (cth) Sections 596 a and 596 B
Constitutional Law Corporations Law Judicial Power Examination of Persons Powers of Receiver Corporations Act 2001 (cth) Sections 596 a and 596 B

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 2 Authorities cited 4 Party arguments 1
Sign in to unlock

Parties

Luke Saraceni

Applicant

Martin Bruce Jones as Receiver and Manager of Newport Securities Pty Ltd and as Agent of the Mortgagee in possession of 3517 Caves Road, Wilyabrup & Ors

Respondents

Procedural Posture

Application for Special Leave to Appeal / Decision on Application

Legal Issues

  1. 1 Whether sections 596A and 596B of the Corporations Act 2001 (Cth) confer judicial or non-judicial power upon a court exercising federal jurisdiction
  2. 2 Whether conferral of such power is consistent with Chapter III of the Constitution

Ratio Decidendi

The power conferred by sections 596A and 596B of the Corporations Act 2001 (Cth) for courts to order the mandatory examination of a person about the examinable affairs of a corporation is judicial in nature by longstanding tradition and consistent with Chapter III of the Constitution.

Court Disposition

Special leave to appeal refused with costs.

Orders

  • Special leave to appeal refused.
  • Applicant to pay costs.