DAEMAR v CORPORATE AFFAIRS COMMISSION CORPORATE AFFAIRS COMMISSION v DAEMAR [1990] NSWCA 51

DAEMAR v CORPORATE AFFAIRS COMMISSION CORPORATE AFFAIRS COMMISSION v DAEMAR [1990] NSWCA 51

The appeal succeeded because the underlying orders were made by misapplying irrelevant procedural rules, failing to apply the appropriate rules as to joinder of parties, and in the second instance, deciding the matter without taking evidence or allowing parties the opportunity to present their respective cases. The proper procedure was not followed in either instance, requiring the orders to be set aside.

Parties
Applicant: Mr Daemar; Respondent: Corporate Affairs Commission
Jurisdiction
Australia
Judgment Date
04 September 1990
Procedural Posture
Appeal / Judgment
Outcome
Appeals allowed. Orders of the trial judges set aside. Substituted orders made as to costs and certificate under the Suitors' Fund Act. Motion to adduce fresh evidence dismissed with costs.
Legal Topics
Arrest Warrants, Summons, Joinder and Non Joinder of Parties, Appeals, Costs
Criminal Law Civil Procedure Arrest Warrants Summons Joinder and Non Joinder of Parties Appeals Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Daemar

Applicant

Corporate Affairs Commission

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judges erred in setting aside or quashing arrest warrants without proper application of procedural rules or taking evidence.
  2. 2 Whether non-joinder of parties justified dismissal of Mr Daemar's summons.
  3. 3 Whether the Court properly exercised discretion in relation to costs and procedural fairness when dealing with the summonses to quash warrants.

Ratio Decidendi

The appeal succeeded because the underlying orders were made by misapplying irrelevant procedural rules, failing to apply the appropriate rules as to joinder of parties, and in the second instance, deciding the matter without taking evidence or allowing parties the opportunity to present their respective cases. The proper procedure was not followed in either instance, requiring the orders to be set aside.

Court Disposition

Appeals allowed. Orders of the trial judges set aside. Substituted orders made as to costs and certificate under the Suitors' Fund Act. Motion to adduce fresh evidence dismissed with costs.

Orders

  • Leave to appeal from Maxwell J granted.
  • Appeal allowed.