Federal Court of Australia
S Aa [Q\ FEDERAL COURT OF AUSTRALIA f 2 YPNEY |. prsertcr REGISTRY
GENERAL DIVISION
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CATCHWORDS
Practice and procedure - Statement of claim - Application to strike out certain paragraphs or for stay based on
pleading and particulars - Application refused.
Appeal — Discretion of primary Judge on a matter of
practice and procedure - Appellate court's function.
Trade Practices 4ct 1974 s.45(2) (a) and {(b) and
s.45(2)(b) (i) and (ii).
High Court Reles 0.20 r.29, 0.26 r.18 and 0.63 r.2.
BRAMBLES HOLDINGS LIMITED v. TRADE PRACTICES COMMISSION
N.S.W. No. G37 of 1979
Coram; Bowen C.J., Northrop and Fisher JJ.
Sydney
wv] November 1979.
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY) WN.S.W. No. G37 of 1979
} GENERAL DIVISION )
BETWEEN :
BRAMBLES HOLDINGS LIMITED
Appellant (Second Defendant)
AND:
TRADE PRACTICES COMMISSION
Respondent (Plaintiff£) ORDER JUDGES MAKING ORDER: Bowen C.J., Northrop and Fisher DATE OF ORDER: ott Mal BER. 479 WHERE MADEs Sydney
THE COURT ORDERS THAT:
l. The appeal be dismissed.
2. The appellant pay the respondent's costs.
Ju.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) N.S.W. No. G37 Of 1979
} GENERAL DIVISION )
BETWEEN :
BRAMBLES HOLDINGS LIMITED
Appellant (Second Defendant)
AND:
TRADE PRACTICES COMMISSTON
Respondent (Plaintiff)
CORAIi: Bowen C.J., Northrop and Fisher Jd.
of November 1979.
a
REASONS FOR JUDGHENT
BOWEN C.J.: This 1S an appeal against a decision of a Judge of this Court dismissing an application by Brambles Holdings Limited to strike out certain paragraphs of the statement of claim filed by the Trade Practices Commission or, alternatively, to stay the proceedings permanently. Arrangements and/or understandings of 12 February 1976, 20 May 1976 and 4 August 1976 were alleged in the statement
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