Australian Competition & Consumer Commission v FFE Building Services Limited [2003] FCA 1346

Australian Competition & Consumer Commission v FFE Building Services Limited [2003] FCA 1346

It is not unjust to allow the proceeding to continue against the third respondent, a deregistered company subsequently restored to the register, even without a condition of indemnity, given the commercial reorganisation and continuity of management and goodwill.

Jurisdiction
Australia
Judgment Date
27 October 2003
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Notice of motion dismissed with costs.
Legal Topics
['company Deregistration' 'restoration to Company Register' 'trade Practices Act Proceedings' 'costs' 'declarations' 'injunctions']
['competition Law' 'corporate Law'] ['company Deregistration' 'restoration to Company Register' 'trade Practices Act Proceedings' 'costs' 'declarations' 'injunctions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 ['Whether it is unjust to allow a proceeding against a deregistered company that was subsequently restored to the register' 'Whether indemnity of costs and penalties should be imposed as a condition to continuation of proceedings']

Ratio Decidendi

It is not unjust to allow the proceeding to continue against the third respondent, a deregistered company subsequently restored to the register, even without a condition of indemnity, given the commercial reorganisation and continuity of management and goodwill.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion of 12 September 2003 be dismissed with costs.']