Federal Court of Australia
Federal Court of Australia
Australian Aged Dental Care Pty Ltd v Australian Dental Association (New South Wales Branch) Ltd [2021] FCA 1514 File number(s): NSD 138 of 2020
Judgment of: GRIFFITHS J
Date of judgment: 29 November 2021
Date of publication of reasons: 1 December 2021
Catchwords: PRACTICE AND PROCEDURE – application for stay of proceedings by applicant against respondent alleging misleading or deceptive conduct – where criminal proceedings instituted against four current and former directors and managerial agents of the applicant – where criminal proceedings sufficiently overlap with present civil proceeding – risk of prejudice to accused outweighs the prejudice to respondent – where respondent contends applicant's conduct and delay in bringing stay application militates against a stay – applicant's conduct and delay relevant to costs
Cases cited: Australian Securities and Investments Commission v Australian and New Zealand Banking Group Ltd [2019] FCA 964; 138 ACSR 42 Commissioner of Australian Federal Police v Zhao [2015] HCA 5; 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission [2016] FCAFC 97; 242 FCR 153
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 38
Date of hearing: 29 November 2021
Counsel for the Applicant: Mr S Lipp
Solicitor for the Applicant: Mr C Douglas
Counsel for the Respondent: Mr P Herzfeld SC with Mr D Farinha
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