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Bartons denied
permission to
delay action
SYDNEY, Friday.
- Mr Alexander Bar
ton and Mr Thomas
Barton have been re
fused permission to de
lay an Equity Court
action against the NSW
Corporate Affairs Com
missioner, Mr F. J. O
Ryan, pending their
constitutional challenge
in the High Court of
Australia.
The Chief Judge in
Equity, Mr Justice Street,
said today the most
serious allegations had
been made against Mr
Ryan and he was entitled
to have them judicially de
termined.
The judge refused an
application by Mr L. C.
Gruzman, QC, for the
Bartons, that the summons
against Mr Ryan be stood
over generally.
He directed that the ac
tion be listed for final
hearing next Tuesday.
Mr T. E. F. Hughes.
QC. for Mr Ryan,
described Mr Gruzman's
application as "outrageous,
unjustified and flippant".
He said Mr Gruzman
had made the gravest
charges of impropriety
against a high public offi
cer, but Mr Gruzman's
own clicnts were in con
tempt of orders made by
Mr Justice Street.
The Bartons' action
against Mr Ryan began in
the Equity Court on Tues
day.
They sought to restrain
the Corporate Affairs
Commissioner from pro
ceeding with 28 sum
monses taken out against
them.
They also sought a
declaration that there was
no substance in allegations
against them and that Mr
Ryan had issued the sum
monses and warrants in
bad faith.
On Wednesday, Mr Jus
tice Street directed the
Bartons to file and serve a
statement of claim by
today.
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