An ASIC authorisation to multiple parties using the word 'and' may be read disjunctively where the context and purpose of the authorisation support separate action by each authorised party. It is not an abuse of process to commence fresh examination proceedings under a new ASIC authorisation while earlier proceedings on the same subject matter are subject to appeal, provided the applicant undertakes not to pursue the earlier proceedings and the respondents are not in jeopardy of being subject to two sets of proceedings.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
4 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.