Jones v Australian Competition and Consumer Commission [2010] FCA 481

FEDERAL COURT OF AUSTRALIA

Jones v Australian Competition and Consumer Commission [2010] FCA 481 Citation: Jones v Australian Competition and Consumer Commission [2010] FCA 481

Parties: DARRYL PETER JONES v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

File number: QUD 115 of 2010

Judge: COLLIER J

Date of judgment: 18 May 2010

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to appeal – application for leave to appeal – application for stay of orders pending appeal – principles relevant to leave to appeal – whether decision attended with sufficient doubt to warrant reconsideration – exercising judicial discretion – whether substantial injustice would result if leave to appeal were refused – principles relevant to granting an extension of time to appeal – whether "special reasons" demonstrated TRADE PRACTICES – applicant engaged in practices purported to resolve life-threatening diseases such as cancer – representations made on applicant's website – alleged misleading or deceptive representations – whether orders the subject of appeal are ultra vires the Trade Practices Act 1974 (Cth) – powers of the Court in granting interim injunctions – s 6(3), s 80(2) Trade Practices Act 1974 (Cth) – principles in Foster v Australian Competition and Consumer Commission (2006) 149 FCR 135 – whether interim injunction should be confined to conduct involving use of "postal, telegraphic or telephonic services" Held: the notice of motion filed 9 April 2010 by Darryl Peter Jones be dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Judiciary Act 1903 (Cth) s 78B Trade Practices Act 1974 (Cth) ss 6, 80 Federal Court Rules O 52 r 10(2A)(b)