Trade Practices Commission v. Allied Mills Industries Pty Ltd [1980] FCA 133

CLTCHWORDS

Practice and procedure - applications to strike out whole or part of statement of claim - particulars of arrangements, understandings and conspiracies said to be vague and unspecific - significance of particulars of parallel pricing - allegations of conspiracy to make unlawful arrangements and enter into unlawful understandings - Trade Practices Act 1974, ss.45(2),

76(1)(f)

TRADE FRACTICHS COMMISSION v. ALLIED MILLS INDUSTRIES PTY, LIMITED

V.G. Nho.29 of 1979

SHEPPARD J SYDNEY 25 September, 1980

IN_TRE FEDERAL COURT OF AUSTRALIA KEW SOUTH WA4LeS DISTRICT REGISTRY V.G. No. 29 of 1979 GENER»L DIVISION

In the matter of - THs TRADE PRACTICES ACT 1974 Between TRADE PRACTICES CUMMISSTON Applicant

- and -

ALLIED MILLS INDUSTRIES PTY, LIMITED and OTH=KS

Resvondcents

ORDER

JUDGE MAKING ORDER: SHEPPARD J. WHERE MADE: SYDNEY DATE OF ORDER: 25 September, 1980

THE COURT CRDERS THAT:

1. The applications to strike out the whole of the statement of claim be dismissed.

2. The applications to strike out paragraohs 13, 15, 17 and 19 thereof be uvheld and those naragraphs struck out accordingly.

3. The balance of notices of motion and question of

costs stood over to 29 Sentember, 1980,

IN THE FEDERsL CCURT OF AUSTRALI«. }

NEW SOUTH WALES DISTRICT REGISTRY V.G. No. 29 of 1979

GENERLL DIVISION

CORAM: SHEPPARD J.

In the matter of -

THE TRADE PRaCTICES ACT 1974

Between

TRADE PRACTICES COMMISSION Applicant

- and -

ALLIED MILLS INCUSTRIES FTY. LIMITED and OTHERS

Respondents

25 September, 1980

REASONS_FOR_JUDGMENT.

These ere applications by each of the respondents to

strike out the whole or part of the amended statement of

claim in this matter. I shall hereafter refer to the amended

statement of claim as the

statement of claim. The applications

are made notwithstanding the fact that all respondents have

pleaded to the statement of claim, and that they have had