Federal Court of Australia
CATCHWORDS
TRADE PRACTICES ~- Trade Practices Act 1974 s.50 - action by Trade Practices Commission seeking injunctions to prevent merger - relevance of respondent's conduct in market 20 to 30 years ago. Whether rival corporation can sue for declaration under s.50 - relevance of Trade Practices Commission's action
for injunctions to corporation's action for declaratory relief.
PRACTICE AND PROCEDURE - pleading making allegations of
respondent's conduct in market 20 to 30 years ago - whether tending to cause prejudice, embarrassment or delay in proceeding - Order 11 rule 16(b) Federal Court Rules - applicant's raght to plead as it sees fit - Court will not intervene unless material alleged clearly has little probative value - exercise of Court's discretion. Request for joint hearing of application commenced by Trade Practices Commission and part of application commenced by corporation - balance of convenience - whether joant hearing prejudicial to respondent to both actions - factors relevant to exercise of discretion.
Trade Practices Act 1974 ss.46,'50, 80(1A), 163A. Federal Court Rules Order 11 rule 16 (b)
S.C.I. OPERATIONS PTY. LTD. v AUSTRALIAN PAPER MANUFACTURERS LTD. and Anor.
No. VG 82 of 1983
TRADE PRACTICES COMMISSION v A.P.M. INVESTMENTS PTY. LIMITED and FIBRE CONTAINERS LTD. and Ors.
No. VG 84 of 1983
WOODWARD J. MELBOURNE 4 AUGUST 1983
Any,
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
BETWEEN:
No. VG 82 of 1983
S.C.I. OPERATIONS PTY. LTD. Applicant
and
AUSTRALIAN PAPER MANUFACTURERS LTD. Respondents
AND ANOR. No. VG 84 of 1983 TRADE PRACTICES COMMISSION Applicant and
A.P.M. INVESTMENTS PTY. LIMITED First Respondent
and FIBRE CONTAINERS LTD. Second Respondent
AND ORS.
ORDERS
JUDGE MAKING ORDERS: Woodward J.
DATE OF FIRST ORDER: 26 July 1983
WHERE MADE:
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