Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v We Buy Houses Pty Ltd (No 3) [2018] FCA 2122 File number: NSD 170 of 2015
Judge: GLEESON J
Date of judgment: 10 December 2018
Date of publication of reasons: 21 February 2019
Catchwords: PRACTICE AND PROCEDURE – freezing orders – where respondent contravened the Australian Consumer Law – where reasonable apprehension of dissipation of assets – whether power to grant freezing orders under s 137F(1) Competition and Consumer Act 2010 (Cth) or s 23 Federal Court Act 2011 (Cth)
Legislation: Australian Consumer Law (being Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 29(1)(e), 29(1)(g), 34, 37 Competition and Consumer Act 2010 (Cth) s 137F Federal Court of Australia Act 1976 (Cth) s 23 Foreign Judgments Act 1991 (Cth) Federal Court Rules 2011 rr 7.32, 7.35, 7.36
Cases cited: Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No 3) [2009] FCA 1154 Australian Competition and Consumer Commission v Chaste Corporation (No 1) [2003] FCA 180; (2003) 127 FCR 418 Australian Competition and Consumer Commission v Clinica (No 3) [2016] FCA 284 Australian Competition and Consumer Commission v Clinica [2015] FCA 1006 Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd [2016] FCA 976; (2016) 244 FCR 538 Australian Competition and Consumer Commission v Unique International College Pty Ltd (No 4) [2016] FCA 628 Commissioner for Taxation (Cth) v Goldspink (1985) 82 FLR 21 Commissioner of State Taxation v Mechold (1995) 95 ATC 4053 Commissioner of Taxation v Winter (1980) 92 FLR 327 Deputy Commissioner of Taxation v Hua Wang Bank Berhad [2010] FCA 1014 Deputy Commissioner of Taxation v Karas [2011] VSC 673 Devlin v Collins (1984) 37 SASR 98 Jet West Ltd v Haddican [1992] 2 All ER 545 Orwell Steel (Erection and Fabrication) Ltd v Asphalt and Tarmac (UK) Ltd [1984] 1 WLR 1097 PT Bayan Resources TBK v BCBC Singapore Pty Ltd [2015] HCA 36; (2015) 258 CLR 1
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