Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (in liq) (No 3) [2017] FCA 749 File number: NSD 1610 of 2015
Judge: GLEESON J
Date of judgment: 30 May 2017
Date of publication of reasons: 4 July 2017
Catchwords: CORPORATIONS – application for leave to proceed against a company in liquidation pursuant to s 500 of the Corporations Act 2001 (Cth) – proceedings alleging misleading or deceptive conduct, unconscionable conduct and making of false and misleading representations in breach of Australian Consumer Law against vocational education provider – proceeding alleging unconscionable "system of conduct" under s 21 of the Australian Consumer Law – whether public interest met by potential outcomes in materially similar proceedings – where some relief sought not available through proof of debt process – where relief sought includes refund of substantial monies paid from public revenue – where relief sought affects interests and potential liabilities of numerous third parties – leave granted
Legislation: Corporations Act 2001 (Cth) Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Higher Education Support Act 2003 (Cth) Trade Practices Act 1974 (Cth)
Cases cited: Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) [2017] FCA 521 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2003] FCA 336; [2003] ATPR ¶41-937 Australian Competition and Consumer Commission v Unique International College [2017] FCA 727 Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356 Rushleigh Services Pty Ltd v Forge Group Ltd (In Liq) (Recs and Mgrs Apptd); re Forge Group Ltd (In Liq) (Recs and Mgrs Apptd) [2016] FCA 1471 Trade Practices Commission v CSR Ltd [1990] FCA 521; [1991] ATPR ¶41-076 at 52,152
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