Sanctions for Contravention (CPA) Flashcards
When can the Court take a contravention of overarching obligations into account?
Court may take into account any contravention of overarching obligations when exercising any power or in exercising its discretion as to costs.
What orders can the Court make?
Court may make order on application of a party or other person with sufficient interest, or by the court’s own motion. Court may order:
Person pay costs arising from contravention;
Costs are payable and enforceable immediately;
Person compensate for financial or other loss arising from contravention;
Person take steps to remedy contravention;
Person not permitted to take steps in CP;
Any other order court considers to be in the interests of a person prejudiced by contravention
How are applications for orders made?
An application for such an order must be made in the court in which CP is heard and in accordance with rules of court.
The application must be made prior to finalization of CP.
For these purposes, the date of making the last of the orders is taken to be date of finalization.
Can a party apply for an extension of time for an application for orders?
On application by a party or person with sufficient interest in the CP, court may grant an EOT to apply for such an order if satisfied the applicant was not aware of the contravention until after the finalization of the CP.
