ABB Power Transmission Pty Ltd v Australian Competition & Consumer Commission [2003] FCAFC 261

FEDERAL COURT OF AUSTRALIA

ABB Power Transmission Pty Ltd v Australian Competition & Consumer Commission [2003] FCAFC 261 ABB POWER TRANSMISSION PTY LTD (IN LIQ) (ACN 000 102 616) AND DOUGLAS PITT v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION V 553 OF 1999 ABB POWER TRANSMISSION PTY LTD (IN LIQ) (ACN 000 102 616), ABB TRANSMISSION AND DISTRIBUTION LTD (ACN 000 169 568), DOUGLAS PITT, GRAHAM JONES AND RUSSELL ELLEN v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION V 868 OF 2000 HEEREY, STONE AND BENNETT JJ 20 NOVEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY V 553 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ABB POWER TRANSMISSION PTY LTD (IN LIQ) (ACN 000 102 616)

FIRST APPELLANT

DOUGLAS PITT

SECOND APPELLANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

RESPONDENT

JUDGES: HEEREY, STONE AND BENNETT JJ

DATE OF ORDER: 20 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal is refused.

2. The appellants pay the respondent's costs of the application for leave to appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY V 868 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ABB POWER TRANSMISSION PTY LTD (IN LIQ) (ACN 000 102 616)

FIRST APPELLANT

ABB TRANSMISSION AND DISTRIBUTION LTD (ACN 000 169 568)

SECOND APPELLANT

DOUGLAS PITT

THIRD APPELLANT

GRAHAM JONES

FOURTH APPELLANT

RUSSELL ELLEN

FIFTH APPELLANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION