Australian Competition and Consumer Commission v Link Solutions Pty Ltd [2008] FCA 1790

Australian Competition and Consumer Commission v Link Solutions Pty Ltd [2008] FCA 1790

Leave was granted because the Commission established a foundation for the allegations against AIF and a serious question to be tried, the remedies sought against AIF were not available in the liquidation, there was public interest and utility in continuing proceedings given the large number of potentially affected customers and possible enforcement claims by AIF, and the liquidator did not oppose leave. Leave was conditioned so that no step could be taken to enforce any money order against AIF without further leave, with liberty to the liquidator to apply concerning litigation costs and expenses.

Jurisdiction
Australia
Judgment Date
01 December 2008
Procedural Posture
Application for Leave Under S 471 B of the Corporations Act 2001 (cth) to Continue Proceedings Against a Company in Liquidation / Notice of Motion; Leave Granted
Outcome
Leave granted to proceed against the twentieth respondent, Australian Integrated Finance Pty Ltd, pursuant to s 471B of the Corporations Act 2001 (Cth), subject to conditions.
Legal Topics
['leave to Proceed Against Company in Liquidation' 'exclusive Dealing' 'accessorial Liability' 'public Interest Enforcement' 'telecommunications Equipment and Services Bundling']
['corporations' 'insolvency' 'competition and Consumer Law'] ['leave to Proceed Against Company in Liquidation' 'exclusive Dealing' 'accessorial Liability' 'public Interest Enforcement' 'telecommunications Equipment and Services Bundling']

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Procedural Posture

Application for Leave Under S 471 B of the Corporations Act 2001 (cth) to Continue Proceedings Against a Company in Liquidation / Notice of Motion; Leave Granted

Legal Issues

  1. 1 ['Whether leave should be granted under s 471B of the Corporations Act 2001 (Cth) to continue proceedings against Australian Integrated Finance Pty Ltd while it was in liquidation.' 'Whether the Commission established a foundation for its allegations and a serious question to be tried against Australian Integrated Finance Pty Ltd.' 'Whether public interest and utility supported continuation of the proceedings against Australian Integrated Finance Pty Ltd.' 'What conditions should be imposed on any grant of leave.']

Ratio Decidendi

Leave was granted because the Commission established a foundation for the allegations against AIF and a serious question to be tried, the remedies sought against AIF were not available in the liquidation, there was public interest and utility in continuing proceedings given the large number of potentially affected customers and possible enforcement claims by AIF, and the liquidator did not oppose leave. Leave was conditioned so that no step could be taken to enforce any money order against AIF without further leave, with liberty to the liquidator to apply concerning litigation costs and expenses.

Court Disposition

Leave granted to proceed against the twentieth respondent, Australian Integrated Finance Pty Ltd, pursuant to s 471B of the Corporations Act 2001 (Cth), subject to conditions.

Orders

  • ['The applicants have leave to proceed against the twentieth respondent pursuant to s 471B of the Corporations Act 2001 (Cth) on condition that neither applicant takes any step to enforce against the twentieth respondent any order for the payment of any amount of money, whether by way of penalty, costs or otherwise,...