Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2024] FCA 928 File number: QUD 190 of 2022 QUD 338 of 2024 QUD 436 of 2024 QUD 437 of 2024
Judgment of: LOGAN J
Date of judgment: 6 August 2024
Catchwords: PRACTICE AND PROCEDURE – where the Australian Securities and Investments Commission (the Commission) seeks leave to appeal from an interlocutory recusal order at first instance – where Sunshine Loans Pty Ltd (SunshineLoans) appeals or alternatively seeks leave to appeal against declarations as to contraventions of the National Consumer Credit Protection Act 2009 (Cth) (NCCPA), before final relief has been determined – whether the Commission should be granted leave to appeal – whether SunshineLoans requires leave to appeal from the declaratory orders prior to final relief being determined – both applications for leave to appeal allowed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) ss 4, 24 National Consumer Credit Protection Act 2009 (Cth)
Cases cited: Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 Australian Building and Construction Commission v Pattinson (2022) 274 CLR 450 Australian Securities and Investments Commission v SunshineLoans Pty Ltd (No 2) [2024] FCA 345 Australian Securities Investments Commission v SunshineLoans Pty Ltd (No 3) [2024] FCA 786 Damorgold Pty Ltd v J.A.I. Products Pty Ltd [2014] FCA 448 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hallam v Tancred [2024] FCA 837 Monash Health v Singh (2023) 327 IR 196
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