Trade Practices Commission v. Allied Mills Industries Pty Ltd & Ors [1980] FCA 151

Practice and procedure - application for leave to bring cross-claim out of time - gross delay on the part of cross- claimant - competing considerations of impact on trial already commenced and injustice to cross-claimant if prevented from bringing cross-claim - claim to restrain Trade Practices Commission from using documents said to have been wrongfully taken by cross-claimant's employee - question of jurisdiction - Federal Court of Australia

Act_ 1976, s.32, Judicial Review (administrative Decisions)

Trade Practices Commission v. Allied Mills Industries Pty. Limited and ors.

V. G.29 of 1979

Sheppard J. 10 November, 1980

Sydney

(34180

IN THE FEDERAL COURT OF AUSTRALIA

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

In the matter of

THE TRADE PRACTICES ACT 1974

Between _. TRADE PRACTICES COMMISSION Applicant

- and -

ALLIED MILLS INDUSTRIES PTY. LIMITED an HE

Respondents

ORDER

JUDGE MAKING ORDER: SHEPPARD J. WHERE MADE: Sydney DATE OF ORDER: 13 November, 1980

For orders see short minutes at end of judgment.

ne Gdn FEDoa:L CCUKT OF AULTR.LIL.

Now SOUT "LES ROGISTRY V. G. No.29 of 1979

NA

GoNeRaL DIVILTON

TRavs FRACTICES CCMiTosItl

applicant

aLbosD hI

Liv it OTR HS Respondents CCRaut: SHEPP:.RD J. id Noverter, 1930

REACNS FCR JUDGusiT

(Judgement on application for leave to bring cross-claim

By its notice of motion of 24 October last the respondent, allied !.ills Industries Pty, Limitea (hereinafter referred to

H+

as "tne company") seeks leave to file and serve « cross-claim in this matter. The application 1s sunported Ly the affidavit of tne company's solicitor, lir, Huntington, also sworn 24 October last. The proceedings in which it 1s sousht to file the cross-claim are proceedineas brourhnt by the Tr=de Precetices Commission ('tne Commission") pursuant to ss.77 anc

80 of the Trade Fractices Act 1974. The Commission seeks to