Australian Competition & Consumer Commision v Giraffe World Australia Pty Ltd [1999] FCA 1527

Australian Competition & Consumer Commision v Giraffe World Australia Pty Ltd [1999] FCA 1527

Extension of time for appeal and compliance granted as delay was explained and absence of prejudice; stay of part of Moore J's disclosure order granted due to potential prejudice, but asset preservation orders not stayed as they remained valid and ongoing.

Jurisdiction
Australia
Judgment Date
04 November 1999
Procedural Posture
Motions for Extension of Time and Stay of Orders / Interlocutory
Outcome
Extension of time granted, partial stay granted, costs reserved.
Legal Topics
['asset Preservation Orders' 'extension of Time' 'leave to Appeal' 'stay of Orders' 'trade Practices Act Contraventions']
['competition Law' 'civil Procedure'] ['asset Preservation Orders' 'extension of Time' 'leave to Appeal' 'stay of Orders' 'trade Practices Act Contraventions']

Case Brief

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Procedural Posture

Motions for Extension of Time and Stay of Orders / Interlocutory

Legal Issues

  1. 1 ['Whether extension of time for appeal should be granted' 'Whether stay of asset preservation orders and leave to appeal orders should be granted' 'Whether further evidence can be adduced on appeal']

Ratio Decidendi

Extension of time for appeal and compliance granted as delay was explained and absence of prejudice; stay of part of Moore J's disclosure order granted due to potential prejudice, but asset preservation orders not stayed as they remained valid and ongoing.

Court Disposition

Extension of time granted, partial stay granted, costs reserved.

Orders

  • ["Time for filing and serving notice of appeal/application for leave to appeal from Lindgren J's judgment extended until 4 pm 10 November 1999." "Time for filing and serving application for leave to appeal from Moore J's judgment extended until 4 pm 10 November 1999." "Time for Mr Misuma to comply with Moore J's...