Flight Centre Limited v Australian Competition & Consumer Commission [2014] FCA 658
Flight Centre did not demonstrate any particular prejudice or difficulty in complying with the orders, nor is punishment a relevant factor for imposing a pecuniary penalty; as such, the application for stay was dismissed.
- Parties
- Appellant: Flight Centre Limited ACN 003 377 188; Respondent: Australian Competition & Consumer Commission
- Jurisdiction
- Australia
- Judgment Date
- 19 June 2014
- Procedural Posture
- Interlocutory Application / Application for Stay of Execution of Orders Pending Appeal
- Outcome
- Application dismissed
- Legal Topics
- Stay of Execution, Interlocutory Applications, Pecuniary Penalties, Costs, Deterrence, Federal Court Procedure
Case Brief
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Parties
Flight Centre Limited ACN 003 377 188
Appellant
Australian Competition & Consumer Commission
Respondent
Procedural Posture
Interlocutory Application / Application for Stay of Execution of Orders Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted against orders for payment of pecuniary penalties and costs pending appeal
Ratio Decidendi
Flight Centre did not demonstrate any particular prejudice or difficulty in complying with the orders, nor is punishment a relevant factor for imposing a pecuniary penalty; as such, the application for stay was dismissed.
Court Disposition
Application dismissed
Orders
- The interlocutory application filed by the appellant on 6 May 2014 be dismissed.
- The appellant pay the respondent's costs of the interlocutory application.
Full Case Text
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