Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCA 286

Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCA 286

Leave to appeal was granted because the interlocutory decision raised a question of general application in civil penalty proceedings, there were conflicting authorities on the point, the issue was unlikely to arise except on interlocutory appeal, the applicant demonstrated sufficient prejudice, and the grant of leave would not prejudice the orderly conduct of the trial.

Jurisdiction
Australia
Judgment Date
03 April 2003
Procedural Posture
Application for Leave to Appeal From an Interlocutory Judgment in Civil Penalty Proceedings / Leave to Appeal
Outcome
Leave to appeal granted; appeal expedited subject to filing of a Notice of Appeal.
Legal Topics
['leave to Appeal From Interlocutory Judgment' 'pre Trial Directions' 'pre Trial Service of Witness Statements' 'privilege Against Exposure to a Civil Penalty' 'trade Practices Act 1974 (cth) S 155' 'corporations Act 2001 (cth)']
['practice and Procedure' 'competition and Consumer Law' 'civil Penalty Proceedings'] ['leave to Appeal From Interlocutory Judgment' 'pre Trial Directions' 'pre Trial Service of Witness Statements' 'privilege Against Exposure to a Civil Penalty' 'trade Practices Act 1974 (cth) S 155' 'corporations Act 2001 (cth)']

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Procedural Posture

Application for Leave to Appeal From an Interlocutory Judgment in Civil Penalty Proceedings / Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal from the interlocutory judgment of Wilcox J given on 7 March 2003 should be granted.' 'Whether, in proceedings for a civil penalty, a direction that statements of evidence proposed to be led on behalf of individual respondents be filed and served before trial would infringe the privilege against exposure to a civil penalty.']

Ratio Decidendi

Leave to appeal was granted because the interlocutory decision raised a question of general application in civil penalty proceedings, there were conflicting authorities on the point, the issue was unlikely to arise except on interlocutory appeal, the applicant demonstrated sufficient prejudice, and the grant of leave would not prejudice the orderly conduct of the trial.

Court Disposition

Leave to appeal granted; appeal expedited subject to filing of a Notice of Appeal.

Orders

  • ['Leave granted to the applicant to appeal from the decision of Wilcox J given on 7 March 2003.' 'A Notice of Appeal from that decision be filed and served within 7 days.' 'Subject to such a Notice of Appeal being filed, the hearing of the appeal be expedited.' 'The applicant make arrangements with the registry...