Ryan v Australian Securities and Investments Commission; in the matter of Allstate Explorations NL (Subject to Deed of Company Arrangement) [2006] FCA 1391

Ryan v Australian Securities and Investments Commission; in the matter of Allstate Explorations NL (Subject to Deed of Company Arrangement) [2006] FCA 1391

Discovery is ordered only in relation to documents recording the impugned decision and those considered by the relevant decision-makers; no further discovery is warranted at this stage as most relevant facts are within the knowledge of the applicants or adequately addressed by communications or admissions from the respondents.

Jurisdiction
Australia
Judgment Date
18 October 2006
Procedural Posture
Judicial Review / Interlocutory Application Regarding Discovery
Outcome
Discovery granted in part; limited to documents recording the decision and those before/taken into account by the decision-maker.
Legal Topics
['discovery in Judicial Review Proceedings' 'relevant Considerations' 'natural Justice']
['administrative Law' 'civil Procedure'] ['discovery in Judicial Review Proceedings' 'relevant Considerations' 'natural Justice']

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Procedural Posture

Judicial Review / Interlocutory Application Regarding Discovery

Legal Issues

  1. 1 ["Whether discovery should be granted in judicial review proceedings regarding ASIC's decision" 'Whether the grounds of natural justice and relevant/irrelevant considerations justify discovery']

Ratio Decidendi

Discovery is ordered only in relation to documents recording the impugned decision and those considered by the relevant decision-makers; no further discovery is warranted at this stage as most relevant facts are within the knowledge of the applicants or adequately addressed by communications or admissions from the respondents.

Court Disposition

Discovery granted in part; limited to documents recording the decision and those before/taken into account by the decision-maker.

Orders

  • ['The First Respondent is to give discovery of (a) all documents that record the impugned decision and the decision maker(s) reason(s) for decision; and (b) all documents that were before the decision maker(s) and were taken into account by him or her or them in connection with the impugned decision, on affidavit by...