Commissioner for Consumer Protection v Unleash Solar Pty Ltd (in liq) [2015] FCA 348

FEDERAL COURT OF AUSTRALIA

Commissioner for Consumer Protection v Unleash Solar Pty Ltd (in liq) [2015] FCA 348 Citation: Commissioner for Consumer Protection v Unleash Solar (in liq) Pty Ltd [2015] FCA 348

Parties: COMMISSIONER FOR CONSUMER PROTECTION v UNLEASH SOLAR PTY LTD (IN LIQUIDATION)

File number: WAD 36 of 2015

Judge: MCKERRACHER J

Date of judgment: 15 April 2015

Corrigendum: 17 April 2015

Catchwords: CORPORATIONS – leave to proceed against company in liquidation – s 471B of the Corporations Act 2001 (Cth) – application by state commissioner for consumer protection for injunctive relief under the Australian Consumer Law – standing – service out of the jurisdiction – serious question in dispute – exercise of discretion – amount and seriousness of the claim – degree and complexity of legal and factual issues – prejudice to the company or creditors – utility of proceedings and remedies – considerable delay between the alleged contraventions of the Australian Consumer Law and the seeking of leave to commence proceedings – leave granted

Legislation: Corporations Act 2001 (Cth) ss 471B Competition and Consumer Commission Act 2010 (Cth) ss 2, 232(2)

Cases cited: Australian Competition and Consumer Commission v Link Solutions Pty Ltd [2008] FCA 1790 Commonwealth v Davis Samuel Pty Ltd (No 5) (2008) 68 ACSR 336 Director of Consumer Affairs, Victoria v Dimmeys Stores Pty Ltd (2013) 213 FCR 559 Kent v Lechmere Financial Corporation [2002] WASC 75 Ogilvie-Grant v East (1983) 1 ACLC 742 Perdaman Chemicals & Fertilisers v Griffin Coal Mining Company Pty Ltd [2011] FCA 1425 Swaby v Lift Capital Partners Pty Ltd [2009] FCA 749 Re Sydney Formworks Pty Ltd (in liq) (1965) 82 WN (Pt 1) (NSW) 558 Vagrand Pty Ltd (In Liq) v Fielding (1993) 41 FCR 550