Federal Court of Australia
CATCHWORDS .
Trade Practices - Proceedings for penalties - Application
for separate triais.
Oe RIA
AND ORS,
No. G44 of 1978.
Coram: Franki, J.
3 April 1980
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.44 of 1978.
ed
GENERAL DIVISION
In the matter of - THE TRADE PRACTICES ACT, 1974
BETWEEN: TRADE PRACTICES COMMISSION
(Plaintiff) Respondent.
AND:
T.N.T. MANAGEMENT PTY. LIMITED AND OTHERS.
(Defendants} Applicants.
ORDER Judge Making ORDER : Franki J. Date of Order H 3 April 1980 Where Made : SYDNEY. THE COURT ORDERS 1. That the summons of the third defendant and the
summons of the fourth defendant are dismissed.
2. That costs are reserved.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY G 44 of 1978
GENERAL DIVISION
BETWEEN: TRADE PRACTICES COMMISSION Plaintiff
AND: 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
ASSOCIATED STEAMSHIPS PTY. LTD.
Seventh Defendant
IPEC HOLDINGS LIMITED Eighth Defendant
INTERSTATE PARCEL EXPRESS CO.
PTY. LIMITED Ninth Defendant
Coram: Franki J. 3rd April, 1980.
Sydney
=
REASONS FOR JUDGMENT
FRANKI J.
In this matter the Trade Practices Commission ("the 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. On 4 July 1979 I dismissed an application in which the second defendant sought to have certain paragraphs of the statement of claim struck out. On 21 November 1979 the Full Court of this Court dismissed an appeal from my judgment.
The proceedings now before me were commenced by way of three chamber summonses. The first was brought by the second defendant Brambles Holdings Limited, the second by the third defendant Mayne Nickless Limited, and the third by the fourth defendarit Youngs Transport Pty. Limited. Each summons sought that the action against the defendant taking out the summons should be tried separately from and before the plaintiff's alleged causes of action against other defendants and that the writ of summons and
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