Case: Gangemi v Australian Securities and Investments Commission [2003] FCA 494 ; (2003) 129 FCR 284
Outcome: cited
Securities and Investments Commission, inthe matter of Richstar Enterprises Pty Ltd (ACN 099 071 968) v Carey (No 2) [2006] FCA 407 (11 April 2006) [ Home ] [ Databases ] [ WorldLII ] [ Search ] [ Feedback ] Federal Court of Australia You are here: &nbsp; AustLII &gt;&gt; Databases &gt;&gt; Federal Court of Australia &gt;&gt; 2006 &gt;&gt; [2006] FCA 407 [ Database Search ] [ Name Search ] [ Recent Decisions ] [ Noteup ] [ Download ] [ Help ] Australian Securities and Investments Commission, inthe matter of Richstar Enterprises Pty Ltd (ACN 099 071 968) v Carey (No 2) [2006] FCA 407 (11 April 2006) Last Updated: 12 April 2006 FEDERAL COURT OF AUSTRALIA Australian Securities and Investments Commission, in the matter of Richstar Enterprises Pty Ltd (ACN 099 071 968) v Carey (No 2) [2006] FCA 407 PRACTICE AND PROCEDURE - media access to affidavits in evidence affidavits filed in ex parte proceedings for interim preservation orders exhibiting transcripts of examinations under s 19 of the ASIC Act principle of open justice objections based on speculative risks access permitted Corporations Act 2001 (Cth) s 1323(3) Federal Court of Australia Act 1976 (Cth) s 50 Australian Securities and Investments Commission Act (Cth) ss 19, 68 Australian Securities and Investments Commission v Rich [2001] NSWSC 496 cited Seven Network Ltd v News Limited (No 9) [2005] FCA 1394 cited R v Davis (1995) 57 FCR 412 cited John Fairfax Publications Pty Ltd v Ryde Local Court [2005] NSWCA 101 cited Gangemi v Australian Securities and Investments Commission [2003] FCA 494 ; (2003) 129 FCR 284 cited Federal Court Rules O 46 r 6 IN THE MATTER OF RICHSTAR ENTERPRISES PTY LTD (ACN 099 071 968); WESTPOINT REALTY PTY LTD (ACN 050 218 954); BOWESCO PTY LTD (ACN 008 915 357); REDCHIME PTY LTD (ACN 117 947 805) AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v NORMAN PHILLIP CAREY, GRAEME JOHN RUNDLE, CEDRIC RICHARD PALMER BECK, JOHN NORMAN DIXON, RICHSTAR ENTERPRISES PYT LTD (ACN 099 071 968), WESTPOINT REALTY PTY LTD (ACN 050 218 954) and BOWESCO PTY LTD (ACN 008 915 357) and REDCHIME PTY LTD (ACN 117 947 805) WAD 83 OF 2006 FRENCH J 11 APRIL 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WAD 83 OF 2006 IN THE MATTER OF RICHSTAR ENTERPRISES PTY LTD (ACN 099 071 968) WESTPOINT REALTY PTY LTD (ACN 050 218 954) BOWESCO PTY LTD (ACN 008 915 357) REDCHIME PTY LTD (ACN 117 947 805) BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION PLAINTIFF AND: NORMAN PHILLIP CAREY FIRST DEFENDANT GRAEME JOHN RUNDLE SECOND DEFENDANT CEDRIC RICHARD PALMER BECK THIRD DEFENDANT JOHN NORMAN DIXON FOURTH DEFENDANT RICHSTAR ENTERPRISES PTY LTD (ACN 099 071 968) FIFTH DEFENDANT WESTPOINT REALITY PTY LTD (ACN 050 218 954) SIXTH DEFENDANT BOWESCO PTY LTD (ACN 008 915 357) SEVENTH DEFENDANT REDCHIME PTY LTD (ACN 117 947 805) EIGHTH DEFENDANT JUDGE: FRENCH J DATE OF ORDER: 11 APRIL 2006 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. John Fairfax Holdings Limited, Nationwide News Ltd and West Australian Newspapers Ltd have leave to inspect the following documents filed in these proceedings: (i) The affidavits of Richard Warren Gomm sworn on 29 March 2006. (ii) The affidavit of Oran Zohar sworn on 29 March 2006. (iii) The affidavit of Kevin Chin sworn on 30 March 2006. (iv) The affidavit of Marcus Essex Claridge sworn on 30 March 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules . IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY WAD 83 OF 2006 IN THE MATTER OF RICHSTAR ENTERPRISES PTY LTD (ACN 099 071 968) WESTPOINT REALTY PTY LTD (ACN 050 218 954) BOWESCO PTY LTD (ACN 008 915 357) REDCHIME PTY LTD (ACN 117 947 805) BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION PLAINTIFF AND: NORMAN PHILLIP CAREY FIRST DEFENDANT GRAEME JOHN RUNDLE SECOND DEFENDANT CEDRIC RICHARD PALMER BECK THIRD DEFENDANT JOHN NORMAN DIXON FOURTH DEFENDANT RICHSTAR ENTERPRISES PTY LTD (ACN 099 071 968) FIFTH DEFENDANT WESTPOINT REALITY PTY LTD (ACN 050 218 954) SIXTH DEFENDANT BOWESCO PTY LTD (ACN 008 915 357) SEVENTH DEFENDANT REDCHIME PTY LTD (ACN 117 947 805) EIGHTH DEFENDANT JUDGE: FRENCH J DATE: 11 APRIL 2006 PLACE: PERTH RULING ON APPLICATION BY NON-PARTIES FOR ACCESS TO AFFIDAVITS Introduction 1 The Australian Securities and Investments Commission (ASIC) has commenced proceedings in this Court for the appointment of receivers to the property of various persons and companies associated with the Westpoint Property and Finance Group of Companies. On 30 March 2006, Siopis J made orders, on an ex parte application, for the interim preservation of the defendants' assets and other incidental orders. The substantive application for the appointment of receivers is to be heard tomorrow. Certain media organisations have requested leave to inspect the affidavits filed to date including those relied upon in the ex parte proceedings. That access is opposed by the defendants. For the reasons now published I will allow the media organisations to inspect the affidavits in evidence in the ex parte proceedings. 23 The privacy of examinations under s 19 of the ASIC Act is principally designed to protect the integrity of the investigative process Gangemi v Australian Securities and Investments Commission [2003] FCA 494 ; (2003) 129 FCR 284 at [33] and [37]. There was no objection taken by ASIC to the access requested when the matter was raised in Court on 7 April. And as the transcripts are in evidence, if only for the purpose of the ex parte application, all parties to the proceedings have the right to see them and to discuss them in an unfettered way with their advisors. 24 In my opinion the objections taken by the defendants to the inspection of the affidavits relied upon in these proceedings thus far are generic in character and do not identify any particular basis upon which I should refuse access to them. 25 As to affidavits subsequently filed and not yet in evidence, I will not allow access until after the hearing tomorrow when their status as evidence or otherwise is clarified. I certify that the preceding twenty five (25) numbered paragraphs are a true copy of the Reasons for Ruling herein of the Honourable Justice French. Associate: Dated: 11 April 2006 Counsel for the Plaintiff: Mr S Owen Conway QC and Mr Stack Solicitor for the Plaintiff: Australian Government Solicitor Counsel for the Second Defendant: Solicitors for the Second Defendant: Mr ML Bennett Lavan Legal Counsel for the Third and Fourth Defendants: Solicitors for the Third and Fourth Defendants: Mr N Gentilli Jackson McDonald Counsel for the First, Fifth, Sixth, Seventh and Eighth Defendants: Solicitors for the Fifth, Seventh and Eighth Defendants: Solicitors for the First and Sixth Defendants: Solicitors for John Fairfax Holdings Limited, West Australian Newspapers Ltd and Nationwide News Ltd: Mr GR Donaldson SC Clavey Legal Freehills Edwards Wallace Date of Submissions: 10 and 11 April 2006 Date of Ruling: 11 April 2006 AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http://www.austlii.edu.au/au/cases/cth/FCA/2006/407.html