Foster v Australian Competition and Consumer Commission [2013] FCA 1470

Foster v Australian Competition and Consumer Commission [2013] FCA 1470

Appellant's continued disobedience of court orders constitutes contempt and impedes justice; the court may exercise its authority by staying proceedings on appeal until appellant personally appears to show cause, preserving his statutory right of appeal but regulating its exercise to prevent abuse of process.

Jurisdiction
Australia
Judgment Date
15 November 2013
Procedural Posture
Appeal / Interlocutory Application; Directions Hearing
Outcome
Proceedings adjourned and stayed; directions for appellant's personal appearance to show cause; order for costs; liberty to apply.
Legal Topics
['contempt of Court' 'abuse of Process' 'appellate Procedure' 'stay of Proceedings']
['civil Procedure' 'competition Law'] ['contempt of Court' 'abuse of Process' 'appellate Procedure' 'stay of Proceedings']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application; Directions Hearing

Legal Issues

  1. 1 ['Whether the appellant may be heard on appeal while in contempt of court' 'Whether proceedings on appeal should be stayed or dismissed for non-compliance with court orders']

Ratio Decidendi

Appellant's continued disobedience of court orders constitutes contempt and impedes justice; the court may exercise its authority by staying proceedings on appeal until appellant personally appears to show cause, preserving his statutory right of appeal but regulating its exercise to prevent abuse of process.

Court Disposition

Proceedings adjourned and stayed; directions for appellant's personal appearance to show cause; order for costs; liberty to apply.

Orders

  • ['Proceedings adjourned to 13 December 2013 at 10:15 am.' 'Appellant to appear in person before the Court to show cause why appeal should not be dismissed for want of compliance with order of 26 September 2013.' 'In default of personal appearance, appellant to show cause by counsel why appeal should not be dismissed...