Australian Competition & Consumer Commission v Redmond Holdings Pty Ltd [2003] FCA 946

Australian Competition & Consumer Commission v Redmond Holdings Pty Ltd [2003] FCA 946

Although the third respondent failed to comply in time, his late steps toward compliance and contrition were sufficient to justify an extension; however, his delay required the applicant's involvement, warranting a costs order against him.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Redmond Holdings Pty Ltd (formerly known as Furniture Direct Pty Ltd) ACN 095 077 035; Second Respondent: Toowoomba Furniture & Electrical Pty Ltd (in liquidation) (formerly known as Furnelect Pty Ltd) ACN 095 979 874; Third Respondent: Monty Khoury
Jurisdiction
Australia
Judgment Date
04 September 2003
Procedural Posture
Application for Extension of Time / Interlocutory
Outcome
Extension of time granted; costs ordered against third respondent
Legal Topics
Extension of Time, Costs
Extension of Time Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Competition and Consumer Commission

Applicant

Redmond Holdings Pty Ltd (formerly known as Furniture Direct Pty Ltd) ACN 095 077 035

First Respondent

Toowoomba Furniture & Electrical Pty Ltd (in liquidation) (formerly known as Furnelect Pty Ltd) ACN 095 979 874

Second Respondent

Monty Khoury

Third Respondent

Procedural Posture

Application for Extension of Time / Interlocutory

Legal Issues

  1. 1 Whether to grant an extension of time for compliance with previous court order
  2. 2 Whether the third respondent should pay the applicant's costs of the hearing

Ratio Decidendi

Although the third respondent failed to comply in time, his late steps toward compliance and contrition were sufficient to justify an extension; however, his delay required the applicant's involvement, warranting a costs order against him.

Court Disposition

Extension of time granted; costs ordered against third respondent

Orders

  • The time for compliance with Order 6 of 25 February 2003 be extended to 5 September 2003.
  • The third respondent, Mr Khoury, pay the Australian Competition and Consumer Commission's costs associated with the hearing today.