Trade Practices Commission v A.P.M. Investments Pty Ltd & Ors [1983] FCA 406

' CATCHWORDS

J Practice and procedure - leave to discontinue - relevant principles - some injustice to respondent - inability to ensure preservation of advantage gained - exercise of discretion.

TRADE PRACTICES COMMISSION v A.P.M.

No. VG 84 of 1983

Woodward J.

Melbourne 22 December 1983

INVESTMENTS PTY. LIMITED

and

Ors.

<7 RECEIVED 2 JAN 1984

Aa eet

FEDERAL WET OF

iq nye Lb pay ChtAb prt SUT d

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG 84 of 1°83 ) )

GENERAL DIVISION

BETWEEN:

TRADE PRACTICES COMMISSION Applicant

and - A.P.M. INVESTMENTS PTY. LIMITED First Respondent FIBRE CONTAINERS LIMITED Second Respondent LEIGH-MARDON PTY. LIMITED Third Respondent ASSOCIATED NOMINEES PTY. LIMITED Fourth Respondent FRANCIS JAMES BURKE Fifth Respondent PETER BECKER Sixth Respondent WILLIAM GIBSON Seventh Respondent

and JOHN FRANCIS ELFVERSON Eighth Respondent

Fifth to Eighth Respondents as Trustees for LEIGH-MARDON PTY. LIMITED

and ARTHUR KEVIN SMITH Ninth Respondent

CORAM: Woodward J.

DATE: 22 December 1983

REASONS FOR JUDGMENT

In this matter I gave judgment on 15 November dismissing an application for the discharge of undertakings. That application had been brought, by way of notice of motion, by SCI

Packaging Pty. Ltd. ('SCI') which, although not a party to these

proceedings was involved in related proceedings and was bound by the interlocking undertakings sought by the applicant ('the TPC') and given in this action. The application by SCI was supported by all the parties to the present action except the first respondent

('APM').

I do not intend to repeat here any of the background to ° - this matter set out in that recent judgment or the reasons which

led me to the conclusion I then reached. It is however relevant

+

to repeat one passage from the concluding part of my judgment. [I

said