Trade Practices Commission v T.N.T. Management Pty Ltd & Ors [1979] FCA 68

LS

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

Coram: Franki J.

4 July 1979 Sydney

FRANKI J.

BETWEEN :

AND:

Cc. No.44 of 1978

Ne

TRADE PRACTICES COMMISSION Plaintiff T.N.T. MANAGEMENT PTY. LIMITED First Defendant BRAMBLES HOLDINGS LIMITED Second Defendant MAYNE NICKLESS LIMITED Third Defendant YOUNGS TRANSPORT PTY. LIMITED Fourth Defendant

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LIMITED

Fifth Defendant EXPRESS FREIGHT PTY. LIMITED Sixth Defendant

ASSOCTATED STEAMSHIPS PTY.LTD.

Seventh Defendant IPEC HOLDINGS LIMITED Bighth Defendant

INTERSTATE PARCEL EXPRESS CO. PTY. LIMITED

Ninth Defendant

REASONS FOR JUDGMENT

In this matter the Trade Practices Commission ("the

~2- plaintiff") seeks pecuniary penalties under ss. 76 and 77 of the Trade Practices Act 1974 ("the Act") and injunctions under s.80 of the Act against nine defendants. The

second defendant, Brambles Holdings Limited, ("Brambles"), is seeking to have certain paragraphs of the statement of claim struck out and is supported in this by a number of

other defendants.

Broadly the statement of claim alleges that, prior to the amendment of s.45 of the Act from 1 July 1977, the defendants, or certain of them, including Brambles, entered into three understandings and/or made three arrangements in breach of s.45(2)(a). It is alleged that the understandings were entered into and/or the arrangements made on 12 February 1976 (par. 21) 20 May 1976 (par.27) and 4 August 1976 (par. 33).

The statement of claim also alleges in pars. 26, 32 and 38 that Brambles gave effect to the arrangements and/or understandings alleged in pars. 21, 27 and 33 respectively and in par. 39 a continuation of this conduct

is alleged.

Brambles sought to have pars. 20(d), 24(2), 25(2), 26, 30(2), 31(2), 32, 36(2), 37(2), 38 and 39 struck out and relied mainly upon Order 20 rule 29 of the High Court Rules and argued that those paragraphs tended to prejudice, embarrass or delay the fair trial of the