Viagogo AG v Australian Competition and Consumer Commission [2021] FCA 175

Viagogo AG v Australian Competition and Consumer Commission [2021] FCA 175

Given the significant, immediate, and likely ongoing impact of the COVID-19 pandemic on Viagogo's finances, including potential additional hardship to employees and third parties, and in light of the continued operation of non-pecuniary orders serving public and consumer interests, the balance of convenience favours...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 March 2021
Procedural Posture
Application for Stay of Pecuniary Penalties Pending Appeal / Application Heard and Determined; Appeal Pending
Outcome
Temporary stay of order for payment of pecuniary penalties granted until determination of the appeal.
Legal Topics
['stay of Execution' 'pecuniary Penalties' 'balance of Convenience' 'australian Consumer Law']
['practice and Procedure' 'consumer Law'] ['stay of Execution' 'pecuniary Penalties' 'balance of Convenience' 'australian Consumer Law']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Stay of Pecuniary Penalties Pending Appeal / Application Heard and Determined; Appeal Pending

Legal Issues

  1. 1 ['Whether a stay of a pecuniary penalty imposed under the Australian Consumer Law should be granted pending appeal; applicable considerations in granting a stay']

Ratio Decidendi

Given the significant, immediate, and likely ongoing impact of the COVID-19 pandemic on Viagogo's finances, including potential additional hardship to employees and third parties, and in light of the continued operation of non-pecuniary orders serving public and consumer interests, the balance of convenience favours granting a temporary stay of the pecuniary penalty until the appeal is determined.

Court Disposition

Temporary stay of order for payment of pecuniary penalties granted until determination of the appeal.

Orders

  • ["Order 7 of the primary judge's orders made on 2 October 2020 requiring payment of pecuniary penalties is temporarily stayed until the appeal is heard and determined." 'Each party has liberty to apply.']