Australian Competition & Consumer Commission v Refund Home Loans Pty Ltd ACN 106 212 300 [2010] FCA 102

Australian Competition & Consumer Commission v Refund Home Loans Pty Ltd ACN 106 212 300 [2010] FCA 102

Exceptional circumstances warrant an adjournment due to the importance of retaining counsel familiar with the case, ensuring utility of mediation, and avoidance of prejudice to Respondents; trial date adjusted but Fast Track case status formally removed.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Refund Home Loans Pty Ltd ACN 106 212 300; Second Respondent: Wayne Rodney Ormond
Jurisdiction
Australia
Judgment Date
03 February 2010
Procedural Posture
Application for Adjournment / Pre Trial; Listing and Directions
Outcome
Adjournment granted; trial date changed; Fast Track status removed; Respondents to pay costs of mention.
Legal Topics
Adjournment, Mediation, Case Management, Misleading or Deceptive Conduct
Competition Law Consumer Law Adjournment Mediation Case Management Misleading or Deceptive Conduct

Case Brief

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Parties

Australian Competition & Consumer Commission

Applicant

Refund Home Loans Pty Ltd ACN 106 212 300

First Respondent

Wayne Rodney Ormond

Second Respondent

Procedural Posture

Application for Adjournment / Pre Trial; Listing and Directions

Legal Issues

  1. 1 Whether the trial should be adjourned due to unavailability of Respondents' senior counsel
  2. 2 Whether the case should be referred to mediation
  3. 3 Whether retaining Fast Track status is appropriate given adjournment

Ratio Decidendi

Exceptional circumstances warrant an adjournment due to the importance of retaining counsel familiar with the case, ensuring utility of mediation, and avoidance of prejudice to Respondents; trial date adjusted but Fast Track case status formally removed.

Court Disposition

Adjournment granted; trial date changed; Fast Track status removed; Respondents to pay costs of mention.

Orders

  • The case be removed from the fast track list.
  • Directions made thus far remain in force.