Khoury v Sidhu [2011] FCA 21

Khoury v Sidhu [2011] FCA 21

Leave to appeal from the interlocutory judgment is granted because the judgment raises important questions regarding the scope of the Court's discretion under relevant statutory provisions in compensatory orders for loss or damage from conduct contravening consumer protection provisions.

Jurisdiction
Australia
Judgment Date
18 January 2011
Procedural Posture
Application for Leave to Appeal / Interlocutory Judgment
Outcome
Leave to appeal granted
Legal Topics
['leave to Appeal' 'interlocutory Judgment' 'scope of Discretion Under S 87 Trade Practices Act 1974 (cth)' 'scope of Discretion Under S 12 GM ASIC Act 2001 (cth)']
['practice and Procedure'] ['leave to Appeal' 'interlocutory Judgment' 'scope of Discretion Under S 87 Trade Practices Act 1974 (cth)' 'scope of Discretion Under S 12 GM ASIC Act 2001 (cth)']

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Procedural Posture

Application for Leave to Appeal / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from an interlocutory judgment involving amendments to defence and the exercise of discretion under s 87 of the Trade Practices Act 1974 (Cth) and s 12GM of the ASIC Act 2001 (Cth)']

Ratio Decidendi

Leave to appeal from the interlocutory judgment is granted because the judgment raises important questions regarding the scope of the Court's discretion under relevant statutory provisions in compensatory orders for loss or damage from conduct contravening consumer protection provisions.

Court Disposition

Leave to appeal granted

Orders

  • ['Leave to appeal from the interlocutory judgment made on 30 November 2010 is given to the applicants pursuant to Order 52, rule 10 of the Federal Court Rules.' 'The costs of and incidental to the Notice of Motion for leave to appeal are costs in the appeal.']