Ali v Australian Competition and Consumer Commission [2020] FCA 860

FEDERAL COURT OF AUSTRALIA

Ali v Australian Competition and Consumer Commission [2020] FCA 860 Appeal from: Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 4) [2020] FCA 23 Australian Competition and Consumer Commission v Geowash (Subject to a Deed Of Company Arrangement) (No 5) [2020] FCA 440

File number: WAD 35 of 2020

Judge: MCKERRACHER J

Date of judgment: 19 June 2020

Catchwords: PRACTICE AND PROCEDURE – appeal – orders made at first instance – penalty and costs orders – application for stay of orders – test in Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65 applied – whether orders would render appellants financially incapable of continuing the appeal – whether there is sufficient evidence to make out the 'reason' for a stay

Legislation: Australian Consumer Law ss 3(3), 239, 243 Competition and Consumer Act 2010 (Cth) ss 83, 137H Federal Court Rules 2011 (Cth) rr 36.08, 36.08(2)

Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Australian Competition and Consumer Commission v BMW (Australia) Limited (No 2) [2003] FCA 864 Australian Competition and Consumer Commission v Geowash (Subject to a Deed Of Company Arrangement) (No 3) [2019] FCA 72 Australian Competition and Consumer Commission v Geowash (Subject to a Deed Of Company Arrangement) (No 4) [2020] FCA 23 Australian Competition and Consumer Commission v Geowash (Subject to a Deed Of Company Arrangement) (No 5) [2020] FCA 440 Australian Securities and Investments Commission v Kobelt [2019] HCA 18 Henderson v Amadio Pty Ltd (No 3) (1996) 65 FCR 66 Maher v Commonwealth Bank of Australia [2008] VSCA 122 Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65