Federal Court of Australia
Federal Court of Australia
Productivity Partners Pty Ltd (trading as Captain Cook College) v Australian Competition and Consumer Commission [2022] FCA 386 Appeal from: Australian Competition and Consumer Commission v Productivity Partners Pty Ltd (trading as Captain Cook College) (No 3) [2021] FCA 737
File number: NSD 887 of 2021
Judgment of: WIGNEY J
Date of judgment: 5 April 2022
Catchwords: PRACTICE AND PROCEDURE – application to vacate appeal hearing – circumstances where appellants unable to provide security for costs – appellants' purported inability to pay legal fees necessary to prosecute its appeal – Court's inherent power to adjourn in r 1.32 of Federal Court Rules 2011 (Cth) – consideration of factors in Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 – relevant factors include appellants' delay in bringing application and prejudice caused to other parties – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 Australian Consumer Law (ACL), s 21 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 1.32
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 57
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 60
Date of hearing: 5 April 2022
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