Phoenix Institute of Australia Pty Ltd v Australian Competition and Consumer Commission [2017] FCAFC 155

FEDERAL COURT OF AUSTRALIA

Phoenix Institute of Australia Pty Ltd v Australian Competition and Consumer Commission [2017] FCAFC 155 Appeal from: Application for leave to appeal: Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) [2016] FCA 1246; 116 ACSR 353

File number: NSD 1923 of 2016

Judges: PERRAM, YATES AND WIGNEY JJ

Date of judgment: 29 September 2017

Catchwords: CORPORATIONS – primary judge granting leave to proceed under s 444E(3)(c) of the Corporations Act 2001 (Cth) against companies subject to a deed of company arrangement – application for leave to appeal – whether error in the primary judge's exercise of discretion

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 Australian Consumer Law Corporations Act 2001 (Cth) s 444E Federal Court of Australia Act 1976 (Cth) s 24 Higher Education Support Act 2003 (Cth) Sch 1A, cll 55, 61

Cases cited: Australian Competition and Consumer Commission v ACN 135 183 372 (Administrators Appointed) (formerly known as Energy Watch Pty Ltd) [2012] FCA 586 Australian Competition and Consumer Commission v Advanced Medical Institute Pty Ltd (administrator appointed) (No 3) [2011] FCA 348 Australian Competition and Consumer Commission v Link Solutions Pty Ltd [2008] FCA 1790 Bomanite Pty Ltd v Slatex Corp Australia Pty Ltd [1991] FCA 698; (1991) 32 FCR 379 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Decor Corp Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 Oswal v Burrup Fertilisers Pty Limited (Receivers and Managers Appointed) [2011] FCAFC 117; 85 ACSR 531 Samsung Electronics Co Limited v Apple Inc [2013] FCAFC 138