Productivity Partners Pty Ltd (trading as Captain Cook College) v Australian Competition and Consumer Commission [2022] FCA 386

Productivity Partners Pty Ltd (trading as Captain Cook College) v Australian Competition and Consumer Commission [2022] FCA 386

Application to vacate the hearing dismissed because the appellants failed to provide an adequate or reasonable explanation for the late application, failed to plan for anticipated legal costs despite knowing about the appeal timetable, delay caused prejudice to the respondents and inconvenience to the court, and the financial contingencies cited by the appellants were uncertain and of their own making.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Appeal / Interlocutory Application to Vacate Appeal Hearing
Outcome
Application to vacate hearing dismissed with costs.
Legal Topics
['adjournment of Hearing' 'security for Costs' 'case Management']
['practice and Procedure'] ['adjournment of Hearing' 'security for Costs' 'case Management']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application to Vacate Appeal Hearing

Legal Issues

  1. 1 ["Whether the appeal hearing should be vacated due to appellants' inability to pay legal fees as a result of security for costs order"]

Ratio Decidendi

Application to vacate the hearing dismissed because the appellants failed to provide an adequate or reasonable explanation for the late application, failed to plan for anticipated legal costs despite knowing about the appeal timetable, delay caused prejudice to the respondents and inconvenience to the court, and the financial contingencies cited by the appellants were uncertain and of their own making.

Court Disposition

Application to vacate hearing dismissed with costs.

Orders

  • ['The application by the first and second appellants to vacate the listing of the appeal be dismissed with costs.' 'The listing of the appeals in NSD887/2021 and NSD895/2021 for hearing commencing on 4 May 2022 with an estimate of three days be confirmed.' 'In accordance with Practice Note APP2, not later than...