FEDERAL COURT OF AUSTRALIA
Obeid v Australian Competition and Consumer Commission [2018] FCA 1713
Appeal from: Application for leave to appeal: Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 4) [2018] FCA 1243 File number: NSD 1504 of 2018 Judge: JAGOT J Date of judgment: 12 November 2018 Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where primary judge dismissed application for interim suppression order – orders of primary judge not attended by sufficient doubt to warrant grant of leave to appeal – application dismissed Legislation: Evidence Act 1995 (Cth) ss 78, 79
Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Independent Commission Against Corruption Act 1988 (NSW) s 74A
Cases cited: Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019
Australian Competition and Consumer Commission v Valve Corporation (No 5) [2016] FCA 741
Computer Interchange Pty Ltd v Microsoft Corporation [1999] FCA 198; (1999) 88 FCR 438
Date of hearing: 8 November 2018 Registry: New South Wales Division: General Division National Practice Area: Commercial and Corporations Sub-area: Economic Regulator, Competition and Access Category: Catchwords Number of paragraphs: 29 Counsel for the Applicant: P D Lange Solicitor for the Applicant: Hanna Legal Counsel for the First Respondent: M J O’Meara Counsel for the First Respondent: Australian Government Solicitor ORDERS
NSD 1504 of 2018 BETWEEN: MOSES EDWARD OBEID
Applicant
AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
First Respondent
CASCADE COAL PTY LTD (ACN 119 180 620)
Second Respondent
MINCORP INVESTMENTS PTY LIMITED (ACN 132 441 868) (and others named in the Schedule)
Third Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
12 NOVEMBER 2018
THE COURT ORDERS THAT:
1.The application for leave to appeal be dismissed.
2.The applicant pay the first respondent’s costs of the application, as agreed or taxed.
3.The reasons for judgment in Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019, without redactions, be published forthwith.
4.The reasons for judgment in Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 4) [2018] FCA 1243 be published forthwith.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
JAGOT J:
These reasons for judgment explain why I have decided that the applicant should not be granted leave to appeal against an order made by the primary judge on 20 August 2018 dismissing the applicant’s interlocutory application seeking an interim suppression order pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth).
Background
The primary judge gave reasons for judgment explaining the dismissal of the interlocutory application in Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 4) [2018] FCA 1243 (itself subject to an interim suppression order to enable the application for leave to appeal to be determined).
Section 37AF(1) enables the Court to make a suppression or non-publication order. To the extent relevant, s 37AG(1)(a) provides that such an…
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- Case
- [2018] FCA 1713
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The application for leave to appeal be dismissed.
2. The applicant pay the first respondent’s costs of the application, as agreed or taxed.
3. The reasons for judgment in Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019, without redactions, be published forthwith.
4. The reasons for judgment in Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 4) [2018] FCA 1243 be published forthwith.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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