Austotel Management Pty Ltd & Anor v Jamieson Hugh H & Ors [1995] FCA 1052

CATCHWORDS

PRACTICE AND PROCEDURE - joinder of cross-respondent - whether Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s. 5(1)(c), applies to claims under s. 52 of the Trade Practices Act 1974 - whether equitable contribution was available as between a respondent liable for a contravention of s. 52 and another party in contravention of the section - discretion of Court. Trade Practices Act 1974 (Cth), s. 52 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s. 5(1)(c) Dorrough v Bank of Melbourne Limited (1995) ATPR Dig. para. 46-152 Trade Practices Commission v Manfal Pty Ltd (No 3) (1991) 33 FCR 382 Re La Rosa; Ex parte Norgard v Rodpat Nominees Pty Ltd (1991) 31 FCR 83 Australia and New Zealand Banking Group Limited v Turnbull & Partners Limited (1991) 33 FCR 265 Article by Mr J.C. Campbell Q.C. "Contribution, Contributory Negligence and Section 52 of the Trade Practices Act" (1993) 67 ALJ 87 AUSTOTEL MANAGEMENT PTY LIMITED & ANOR v HUGH H. JAMIESON & ORS NG 420 of 1992 Burchett J. Sydney 20 December 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 420 of 1992 ) GENERAL DIVISION ) BETWEEN: AUSTOTEL MANAGEMENT PTY LIMITED First Applicant AUSTOTEL PTY LIMITED Second Applicant

AND: HUGH H. JAMIESON & OTHERS Respondents

CORAM: Burchett J. PLACE: Sydney DATE : 20 December 1995 ORDERS OF THE COURT

THE COURT ORDERS THAT:

1. The respondents have leave to file and serve a cross-claim generally in the form attached to the notice of motion, but subject to any order in respect of particular formal objections which the Court may make at the next directions hearing, which is hereby fixed for 6 February 1996. 2. The costs of and incidental to the motion be costs in the cause. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.