Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1087

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1087 Citation: Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1087

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ACN 117 372 915 PTY LIMITED (IN LIQUIDATION), ACN 095 238 645 PTY LTD ACN (IN LIQUIDATION), JACOV VAISMAN, BRIAN LONERGAN, JAMES VANDELEUR, NRM CORPORATION PTY LTD ACN 151 468 601 and NRM TRADING PTY LTD ACN 151 469 493

File number: VID 1113 of 2010

Judge: NORTH J

Date of judgment: 9 October 2015

Catchwords: COSTS – Costs follow event – discretionary factor relieving obligation to pay costs – pursuing case against insolvent respondents – assuming risk of proceeding against insolvent respondents – unsuccessfully contesting case against insolvent respondents – continuation of business practices by new company PRACTICE AND PROCEDURE – Variation of orders CONSUMER LAW – Power to appoint independent auditor – Power to appoint independent reporter – exercise of discretion in appointment of independent auditor – exercise of discretion in appointment of independent reporter – injunctive orders in consumer protection cases

Legislation: Competition and Consumer Act 2010 (Cth), s 155 Competition and Consumer Act 2010 (Cth), Schedule 2, Australian Consumer Law, ss 232, 246(2)(c) Federal Court of Australia Act 1976 (Cth), s 23 Trade Practices Act 1974 (Cth), ss 80, 86C