Trade Practices Commission v Mobil Oil Australia Ltd & Ors [1996] FCA 806

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No VG 411 of 1994 ) GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION (Applicant) AND: MOBIL OIL AUSTRALIA LIMITED ACN 004 052 984 (First Respondent) AND: BP AUSTRALIA LIMITED ACN 004 085 616 (Second Respondent) AND: THE SHELL COMPANY OF AUSTRALIA LIMITED ACN 004 610 459 (Third Respondent) AND: NOEL ROBERT CONSTANTINE (Fourth Respondent) JUDGE MAKING ORDER:Ryan J PLACE: Melbourne DATE: 9 September 1996

MINUTES OF ORDER

THE COURT ORDERS: 1. That the amended statement of claim filed herein on 12 December 1994 be struck out. 2. That the applicant have leave to file and serve within 28 days a further amended statement of claim preserving such of the amendments embodied in the draft pleading filed herein on 3 April 1995 and incorporating such further amendments as the applicant may be advised having regard to the reasons for judgment published this day.

3. That liberty be reserved to any party to apply on not less than 72 hours notice in writing to the other parties. 4. That the respondents' costs of and incidental to the several motions on notice dated 23 January 1995 be reserved. 5. That the applicant pay the costs thrown away (if any) of each of the respondents as a result of the further amendment allowed by paragraph 2 of this order. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No VG 411 of 1994 ) GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION (Applicant) AND: MOBIL OIL AUSTRALIA LIMITED ACN 004 052 984 (First Respondent) AND: BP AUSTRALIA LIMITED ACN 004 085 616 (Second Respondent) AND: THE SHELL COMPANY OF AUSTRALIA LIMITED ACN 004 610 459 (Third Respondent) AND: NOEL ROBERT CONSTANTINE (Fourth Respondent) CORAM: Ryan J PLACE: Melbourne DATE: 9 September 1996 REASONS FOR JUDGMENT