Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd (No 5) [2013] FCA 1111

Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd (No 5) [2013] FCA 1111

Because Mr Foster was required by court order to attend and surrender into custody on 27 September 2013, failed to do so, the surety Mrs Foster had been notified of the requirement, and no evidence or reasonable excuse was offered by or on behalf of the surety showing endeavours to procure attendance or explaining the non-attendance, the $125,000 surety sum ought to be forfeited to the Commonwealth of Australia.

Jurisdiction
Australia
Judgment Date
24 October 2013
Procedural Posture
Contempt of Court Proceeding; Application for Forfeiture of Surety / Hearing of the Applicant's Forfeiture Application After Alleged Contemnor Failed to Attend and Surrender Into Custody as Required
Outcome
Surety amount forfeited to the Commonwealth of Australia; costs ordered against Mrs Foster.
Legal Topics
['release From Custody on Conditions Pending Contempt Trial' 'surety for Attendance' 'forfeiture of Surety' 'failure to Attend Court']
['contempt of Court' 'practice and Procedure'] ['release From Custody on Conditions Pending Contempt Trial' 'surety for Attendance' 'forfeiture of Surety' 'failure to Attend Court']

Case Brief

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Procedural Posture

Contempt of Court Proceeding; Application for Forfeiture of Surety / Hearing of the Applicant's Forfeiture Application After Alleged Contemnor Failed to Attend and Surrender Into Custody as Required

Legal Issues

  1. 1 ['Whether the $125,000 surety paid into court by Mrs Foster should be forfeited to the Commonwealth of Australia after Mr Foster failed to attend and surrender into custody as required by court order.' 'Whether any reasonable excuse or evidence of reasonable endeavours by the surety existed to avoid forfeiture.']

Ratio Decidendi

Because Mr Foster was required by court order to attend and surrender into custody on 27 September 2013, failed to do so, the surety Mrs Foster had been notified of the requirement, and no evidence or reasonable excuse was offered by or on behalf of the surety showing endeavours to procure attendance or explaining the non-attendance, the $125,000 surety sum ought to be forfeited to the Commonwealth of Australia.

Court Disposition

Surety amount forfeited to the Commonwealth of Australia; costs ordered against Mrs Foster.

Orders

  • ['The sum of $125,000 paid into court by Mrs Luigina Foster (also known as Mrs Louise Foster) on 15 December 2011, pursuant to a Deed signed by her that day as provided for by an order of the Court made on 7 December 2011, is forfeit to the Commonwealth of Australia with effect on and from 27 September 2013.' 'Upon...