Federal Court of Australia
'
IN THE FEDERAL COURT OF AUSTRALIA AVS - ES
VG No. 150 of 1983
| oy VICTORIA DISTRICT REGISTRY { ' GENERAL DIVISION
In the matter of The Trade Practices Act 1974,
>. Between: A.2.M. INVESTMENTS PTY. LIMITED
(Appellant)
i
TRADE PRACTICES COMMISSION
(First Respondent) '
' FIBRE CONTAINERS LIMITED, LEITGH-MARDON PTY. LITD., ASSOCIATED NOMINEES PTY. LTD., FRANCIS BURKE, PETER BECKER, WILLIAM GIBSON, JOHN FRANCIS ELFVERSON (FIFTH TO EIGHTH
RESPONDENTS AS TRUSTEES FOR
' LEIGH-MARDON PTY. LTD.) AND root ARTHUR KEVIN SMITH
(second to ninth Respondents)
\l . S.C.I. OPERATIONS PTY. LTD. ' (S.C.I. PACKAGING PTY. LTD.)
(Tenth Respondent)
CORRIGENDA
Amendments to the judgment of the Honourable Mr. Justice Smithers of 21 September 1983:
p.27 Lines 12 and 13 shall read: "J... interlocutory injunction, with an opportunity to ADM to call evidence on relevant matters and be heard on the
issue, ..." p.28 Second last line, the word
incur" shall be "occur". p.34 Lines 21 - 23 shall read: "... shareholders and in a commercial sense suffered unfairly. In such a case there is much to be said for all bids awaiting
ultimate clarification of the le--al situation."
Cfaven Ama data
CATCHWORDS Appeal - principles to be taken into account in an appeal against the exercise of a discretion by the primary Judge - ' q matters of practice and procedure - undertakings - nature of undertakings - when undertakings can be released — Trade
Practices Act - interlocutory injunctions - whether
interlocutory injunction application argued before primary
t 1 1
judge.
Trade Practices Act 1974 ss.50, 80 and 8l
APM INVESTMENTS PTY. LIMITED v. TRADE PRACTICES COMMISSION &
ORS.
m
VG No. 150 of 1983
. .
Smithers, Fitzgerald & Jenkinson JJ.
21 September 1983
Melbourne.
n
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
Between:
VG NO. 150-of 1983
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