ACCC v Jayco Pty Ltd (ACN 057 480 556) [2002] FCA 1597

ACCC v Jayco Pty Ltd (ACN 057 480 556) [2002] FCA 1597

The motion should be adjourned because the factual investigation required to determine it was extensive and could not realistically be completed that day, the contempt motion concerned alleged breach of final orders and should be resolved separately from later civil proceedings, and the applicant's principal witness was unavailable for cross-examination despite the critical nature of his evidence.

Jurisdiction
Australia
Judgment Date
12 December 2002
Procedural Posture
Contempt Motion / Application for Adjournment of Motion on Notice Filed on 31 October 2002
Outcome
Application for adjournment granted; motion adjourned to 17 February 2003.
Legal Topics
['adjournment' 'motion to Punish for Contempt' 'cross Examination of Affidavit Deponents' 'final Orders' 'separate Proceedings']
['civil Procedure' 'contempt of Court'] ['adjournment' 'motion to Punish for Contempt' 'cross Examination of Affidavit Deponents' 'final Orders' 'separate Proceedings']

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Procedural Posture

Contempt Motion / Application for Adjournment of Motion on Notice Filed on 31 October 2002

Legal Issues

  1. 1 ['Whether the motion for contempt should be adjourned rather than heard on 12 December 2002.' 'Whether the contempt motion should be deferred to the trial of later civil proceedings between the same parties.' "Whether the second respondent should have an opportunity to cross-examine the applicant's principal witness."]

Ratio Decidendi

The motion should be adjourned because the factual investigation required to determine it was extensive and could not realistically be completed that day, the contempt motion concerned alleged breach of final orders and should be resolved separately from later civil proceedings, and the applicant's principal witness was unavailable for cross-examination despite the critical nature of his evidence.

Court Disposition

Application for adjournment granted; motion adjourned to 17 February 2003.

Orders

  • ['The motion on notice filed on 31 October 2002 be adjourned to 17 February 2003 to be heard on that day and if necessary also on 18 and 19 February 2003.' 'Any further affidavit or affidavits on which the second respondent intends to rely in opposition to the said motion be filed and served by 31 January 2003.'...