Australian Competition and Consumer Commission v Unique International College Pty Ltd (No 4) [2016] FCA 628

Australian Competition and Consumer Commission v Unique International College Pty Ltd (No 4) [2016] FCA 628

The Court made the freezing orders because the ACCC had established a good arguable case against Unique, and there was a real risk that without orders monies would be transferred or removed from Australia, creating a danger that any judgment or order may be wholly or partly unsatisfied. That risk was supported by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 May 2016
Procedural Posture
Practice and Procedure Application for Freezing Orders in Regulator and Consumer Protection Proceedings / Ex Parte Duty Matter Application Under Rr 7.32 and 7.35 of the Federal Court Rules 2011 (cth) Before a Two Week Hearing Listed to Commence on 6 June 2016
Outcome
Ex parte freezing orders made against Unique, UIC Development Pty Ltd, Khela Pty Ltd, Manmohan Singh, Amarjit Singh, Surinder Kaur, Jasmeen Kaur, Baljeet Singh and Mandeep Kang; costs reserved; orders made returnable before the trial Judge on 7 June 2016 and expressed to expire at 4:00pm that day.
Legal Topics
['freezing Orders' 'ex Parte Applications' 'non Party Freezing Orders' 'unconscionable Conduct' 'false and Misleading Conduct' 'pecuniary Penalties' 'non Party Consumer Redress']
['practice and Procedure' 'competition and Consumer Law' 'higher Education Regulation'] ['freezing Orders' 'ex Parte Applications' 'non Party Freezing Orders' 'unconscionable Conduct' 'false and Misleading Conduct' 'pecuniary Penalties' 'non Party Consumer Redress']

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Procedural Posture

Practice and Procedure Application for Freezing Orders in Regulator and Consumer Protection Proceedings / Ex Parte Duty Matter Application Under Rr 7.32 and 7.35 of the Federal Court Rules 2011 (cth) Before a Two Week Hearing Listed to Commence on 6 June 2016

Legal Issues

  1. 1 ['Whether the applicants had established a good arguable case against Unique International College Pty Ltd for the purposes of rr 7.32 and 7.35 of the Federal Court Rules 2011 (Cth).' 'Whether there was a real risk that, without freezing orders, monies would be transferred or removed from Australia so that any judgment or order of the Court might be wholly or partly unsatisfied.' 'Whether freezing orders should be made against Unique, its shareholders, its directors and other named non-parties.' 'Whether the applicants should be relieved from the requirement to give an undertaking as to damages.']

Ratio Decidendi

The Court made the freezing orders because the ACCC had established a good arguable case against Unique, and there was a real risk that without orders monies would be transferred or removed from Australia, creating a danger that any judgment or order may be wholly or partly unsatisfied. That risk was supported by the size of the potential judgment, the liquidity of Unique's assets, the directors' capacity through an associate to move large sums offshore quickly, the common residential connection among the named individuals, and the $30,000,000 transfer to Mumbai.

Court Disposition

Ex parte freezing orders made against Unique, UIC Development Pty Ltd, Khela Pty Ltd, Manmohan Singh, Amarjit Singh, Surinder Kaur, Jasmeen Kaur, Baljeet Singh and Mandeep Kang; costs reserved; orders made returnable before the trial Judge on 7 June 2016 and expressed to expire at 4:00pm that day.

Orders

  • ['Unique International College Pty Ltd must not remove from Australia or in any way dispose of, deal with or diminish the value of any of its assets in Australia or overseas.' 'Unique International College Pty Ltd must provide written information about its worldwide assets, specified transactions between 1 September...