Trade Practices Commission v. George Weston Foods Ltd & Ors [1979] FCA 57

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IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. G16 of 1978

DISTRICT REGISTRY

GENGRAL DIVISION

1 June 1979

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IN THE MATTER OF — THE TRADE PRACTICES ACT 1974

BETWEEN : TRADE PRACTICES COMMISSION

Plaintiff

AND : GEORGE WESTON FOODS LIMITED

First Defendant

AND : ALLIED MILLS INDUSTRIES PTY. LIMLTED

Second Defendant AND : L.A. COGGAN & SON PTY. LIMITED

Third Defendant AND : JAMES MURRAY OGILVIE

Fourth Defendant

AND : ISABEL MARGARET OGILVIE

Filth Defendant AND : JON FREDERICK DALLAS

Sixth Defendant

DAVIES, J.

REASONS FOR JUDGMENT

This action concerns a claim brought by the Trade Practices Commission against six defendants, five of whom are hakers in the Australian Qpital Territory. It alleges an arrangement or understanding whereby bread would be supplied in the Australian Capital Territory at prices fixed from time to time and whereby the defendants supplied bread at prices so fixed and did so in pursuance of that arrangement or understanding. The claim against the sixth defendant is for aiding and

counselling the acts of the other defendants.

I have before me two applications. One is an application of the first defendant to strike out certain paragraphs in the statement of claim and for an order for particulars. The other application is an application of the plaintiff for directions.

I shall deal first with the application of the first defendant.

This is an application based on order 26, rule 18, on order 20, rule 29 and on the inherent jurisdiction of the court. In

so far as the application is based on order 26, rule 18, and on the inherent jurisdiction it 1s necessary that the defendant show that the subject paragraphs of the statement of claim disclose no reasonable cause of action, that the claims made are so frivolous and vexatious as to be demurrable. The submission on this ground was not put strongly and, on the material presently before me, I am not prepared to say that