SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2023] FCA 707

Federal Court of Australia

SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2023] FCA 707 File number: QUD 254 of 2023

Judgment of: YATES J

Date of judgment: 27 June 2023

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from a judgment of a single judge of the Court – where primary judge dismissed an application for certain questions to be heard separately by a Full Court pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth) – where the questions concern the respondent's standing to bring proceedings seeking relief under ss 166, 167 and 177 of the National Consumer Credit Protection Act 2009 (Cth) for contravention of s 24(1A) of National Credit Code and for declaratory relief under s 21 of the Federal Court of Australia Act 1976 (Cth) – where the application before the primary judge was made after fixing the date for trial contrary to r 30.01(2) and less than seven weeks before the trial was due to commence – where the grant of leave to appeal would require the vacation of the trial dates – application for leave dismissed

Legislation: Consumer Credit Legislation Amendment (Enhancements) Act 2012 (Cth) Federal Court of Australia Act 1976 (Cth) ss 21, 24 Judiciary Act 1903 (Cth) s 39B National Consumer Credit Protection Act 2009 (Cth) ss 3, 5, 47, 166, 167, 177, 186, 187, Sch 1 (National Credit Code) ss 24, 204 Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (Cth) Federal Court Rules 2011 (Cth) r 30.01 Revised Explanatory Memorandum, Consumer Credit Legislation Amendment (Enhancements) Bill 2012 (Cth)