Australian Competition and Consumer Commission v Mosaic Brands Limited [2025] FCA 99

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Mosaic Brands Limited [2025] FCA 99 File number(s): NSD 232 of 2024

Judgment of: WIGNEY J

Date of judgment: 30 January 2025

Catchwords: CORPORATIONS – application by applicant for leave to proceed with proceeding pursuant to s 440D of the Corporations Act 2001 (Cth) – leave to proceed granted

Legislation: Australian Consumer Law, being Sch 2 of the Competition and Consumer Act 2010 (Cth) ss 18, 29(1)(m), 36(4) and 102(2) Corporations Act 2001 (Cth) s 440D

Cases cited: Clean Energy Regulator v E Connect Solar & Electrical Pty Ltd [2023] FCA 1082

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 22

Date of hearing: 30 January 2025

Counsel for the Applicant Mr O Bigos KC with Ms N Wootton

Solicitor for the Applicant DLA Piper

Solicitor for the Respondent Arnold Bloch Leibler

ORDERS NSD 232 of 2024

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant AND: MOSAIC BRANDS LIMITED Respondent

order made by: WIGNEY J DATE OF ORDER: 30 JANUARY 2025

THE COURT ORDERS THAT:

Leave to proceed 1. The Applicant be granted leave, pursuant to section 440D of the Corporations Act 2001 (Cth), to continue the proceeding, on the condition that the Applicant does not enforce any relief without further leave of the Court.

Evidence 2. By 4.00pm on 28 March 2025, the Applicant file and serve any evidence on which it intends to rely, including a list of any documents that it intends to tender which are not otherwise annexed or exhibited to an affidavit.