Federal Court of Australia
Federal Court of Australia
Australian Prudential Regulation Authority v Garrett (Contempt Application) [2024] FCA 235 File number(s): NSD 741 of 2023
Judgment of: LEE J
Date of judgment: 15 February 2024
Catchwords: CONTEMPT OF COURT – where respondent ordered to cease unlawfully conducting a "banking business" within the meaning of the Banking Act 1959 (Cth) – where an application made by the Australian Prudential Regulation Authority seeking an order that the respondent be punished for contempt – where respondent made a no case submission – principles relevant to no case submission – no case submission dismissed – matter adjourned part-heard for hearing of respondent's case
Legislation: Constitution s 128 Banking Act 1959 (Cth) Federal Court of Australia Act 1976 (Cth) s 31 Judiciary Act 1903 (Cth) ss 38, 39B, 56, 64, 69(1), 69(3) Federal Court Rules 2011 (Cth) Pt 42
Cases cited: Australian Prudential Regulation Authority v Garrett [2023] FCA 956 May v O'Sullivan (1955) 92 CLR 654 Wyszynskiv v Bill [2005] NSWSC 110
David Rolph, Contempt (The Federation Press, 2023)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 21
Date of hearing: 15 February 2024
Counsel for the applicant: Ms S Fonda
Solicitor for the applicant: Dentons
Counsel for the respondent: The respondent appeared via audio visual link
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