Hughes v Australian Competition and Consumer Commission [2004] FCA 1271

FEDERAL COURT OF AUSTRALIA

Hughes v Australian Competition and Consumer Commission [2004] FCA 1271 RICHARD DAVID HUGHES v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION N 835 of 2004 JACOBSON J 29 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 835 OF 2004

BETWEEN: RICHARD DAVID HUGHES

APPLICANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 29 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Notice of Motion filed by Respondent on 19 August 2004 is dismissed;

2. Appeal is to be heard, as stated in Order 2 of Orders of Sackville J dated 28 July 2004, for one day in the period of 1 November 2004 – 21 November 2004;

3. Appeal is to be heard in Adelaide, pursuant to Order 52 rule 9;

4. The time for the Appellant to file and serve Amended Notice of Appeal is extended to 20 October 2004;

5. Orders 3 and 4 of Orders of Sackville J dated 28 July 2004 regarding submissions are to stand;

6. Upon the Applicant's undertaking to the respondent to pay the costs of preparing the appeal papers when he is released from prison on the sentence he is presently serving in South Australia, the Respondent is to prepare appeal papers in this matter.

7. The Appeal Book is to consist of :-

(a) The two judgments of Conti J dated 29 April 2004 and 3 May 2004;

(b) The transcript of the hearing before Conti J; and

(c) Written Submissions of the Applicant, upon which he relied in the hearing before Conti J.

8. The Respondent is to prepare the Appeal Book by 20 October 2004 and provide copies in accordance with the Federal Court Rules.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA