Federal Court of Australia
CATCHWORDS
Practice and procedure - motion by party for order giving leave to join additional respondent - principles to be applied -
consideration of complex allegations in statement of claim.
Federal Court Rules, Order 6, rule 8; Order 11, rule 16; Order 29, rule 2.
Trade Practices Act 1974, ss. 46, 52, 53, 75B and 82.
Telecommunications Act 1975, ss. 6 and 80.
TYTEL PTY LIMITED and ORS. v. AUSTRALIAN TELECOMMUNICATIONS
COMMISSION
No. G355 of 1985
Coram: Sheppard J. Date : 12 February 1988
Place: Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G355 of 1985 ) GENERAL DIVISTON )
BETWEEN:
TYTEL PTY LIMITED and ORS.
Applicants
AUSTRALIAN TELECOMMUNICATIONS COMMISSTON
Respondent
CORAM: SHEPPARD J.
PLACE: SYDNEY
DATE : 12 FEBRUARY 1988
MINUTES OF ORDER
THE COURT ORDERS THAT: -
1. The applicants' notice of motion of 22 May 1987 be dismissed.
2. The applicants pay to Standard Telephones and Cables Pty
Limited its costs thereof.
(ety
The costs of the respondent, Australian Telecommunications
Commission, be reserved.
NOTE: Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G355 of 1985 ) GENERAL DIVISION )
BETWEEN :
TYTEL PTY LIMITED and ORS.
Applicants
AUSTRALIAN TELECOMMUNICATIONS COMMISSION
Respondent
CORAM: SHEPPARD J.
DATE : 12 FEBRUARY 1988
REASONS FOR JUDGMENT
HIS HONOUR: To be determined is a motion by the applicants to join as a respondent in these proceedings Standard Telephones and Cables Pty Limited. The motion claimed certain other relief but this is not now sought. The motion is made pursuant to Order 6, rule 8 of the Federal Court Rules which, so far as relevant, provides that where a person who is not a party is a person whose joinder as a party is necessary to ensure that all matters in dispute in the proceeding may be effectually and completely determined and adjudicated upon, the Court, on application by any
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