Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Holista Colltech Ltd (No 2) [2024] FCA 516 File number(s): WAD 177 of 2021
Judgment of: SARAH C DERRINGTON J
Date of judgment: 17 May 2024
Catchwords: PENALTIES – where first defendant ordered to pay $1.8 million as civil pecuniary penalty in Australian Securities and Investments Commission v Holista Colltech Ltd [2024] FCA 244 – whether penalty should be paid in instalments – whether sufficient financial information before the Court to justify instalment arrangement – whether proposed instalment arrangement would diminish deterrent effect of the penalty
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 91 Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) s 674(2) Federal Court of Australia Act 1976 (Cth) s 52(2) Trade Practices Act 1974 (Cth) Federal Court Rules 2011 (Cth) r 39.06
Cases cited: Australian Competition and Consumer Commission v ABG Pages Pty Ltd [2018] FCA 764 Australian Competition and Consumer Commission v Ashton Raggatt McDougall Pty Ltd [2024] FCA 351 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v ABG Pages Pty Ltd [2018] FCA 764 Australian Competition and Consumer Commission v High Adventure Pty Ltd [2005] FCAFC 247 Australian Competition and Consumer Commission v Humax Pty Ltd [2005] FCA 706 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) (2005) 215 ALR 281 Australian Competition and Consumer Commission v Multimedia International Services Pty Ltd (No 2) [2016] FCA 490 Australian Securities and Investments Commission v Holista Colltech Ltd [2024] FCA 244 CEO of AUSTRAC v Crown Melbourne Ltd [2023] FCA 782 Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd (No 2) [2016] FCA 1435 Trade Practices Commission v CSR Ltd [1990] FCA 762
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