Competition and Consumer Act 2010

The power of a court to control the conduct of a criminal or civil proceeding, in particular with respect to abuse of process, is not affected by section 157B or 157C, except so far as that section expressly or impliedly provides otherwise.

A refusal by a court to grant leave under subsection 157B(1) does not prevent the court from later ordering that a criminal proceeding be stayed on the ground that the refusal would have a substantial adverse effect on a defendant’s right to receive a fair hearing.

A refusal by a court to grant leave under subsection 157B(1) does not prevent the court from later ordering that a civil proceeding be stayed on the ground that the refusal would have a substantial adverse effect on the hearing in the proceeding.

In deciding whether to order a stay of the civil proceeding, the court must consider:

the extent of any financial loss that a party would suffer as a result of the proceeding being stayed; and

whether a party has reasonable prospects of obtaining a remedy in the proceeding; and

any other matter the court considers relevant.