Australian Competition & Consumer Commission v Mobil Oil Australia Ltd & Ors [1997] FCA 480

CATCHWORDS TRADE PRACTICES - strikeout application - alleged price fixing arrangement between oil companies to increase or maintain retail prices - including agreement to force franchisees to increase or maintain prices by increase of wholesale price or withdrawal of "price support" - no adequate particulars of withdrawal of support - no adequate particulars of making of arrangement - language pleaded that of putting arrangement into effect - implementation alleged not consistent with arrangement pleaded - whether allegation of parallel pricing equivocal - reliance on discovery to provide further particulars - examinations already conducted under s 155 Trade Practices Act 1974 (Cth) - whether discovery fishing - whether abuse of process - whether leave to re-plead should be granted PRACTICE AND PROCEDURE - contravention of Part IV Trade Practices Act 1974 (Cth) - reliance on discovery to provide further particulars - whether fishing - examination already conducted under s 155 Federal Court Rules: O 11, r 16 Trade Practices Act 1974 (Cth) ss 45(2)(a)(ii), 45(2)(b)(ii), 155 Hamilton v Whitehead (1988) 166 CLR 121 Mallan v Lee (1949) 80 CLR 198 Melbourne Home of Ford Pty Ltd v Trade Practices Commission (No. 3) (1980) 47 FLR 163 Pyneboard Pty Ltd v Trade Practices Commission (1983) 152 CLR 328

Trade Practices Commission v Email Limited (1980) 43 FLR 383 Yorke v Lucas (1985) 158 CLR 661 Australian Competition and Consumer Commission -v- Mobil Oil Australia Limited & Ors (No. 411 of 1994) Judge: Heerey J Date: 5 June 1997 Place: Melbourne

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No. VG 411 of 1994 GENERAL DIVISION B E T W E E N: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant - and - MOBIL OIL AUSTRALIA LIMITED First Respondent -and- BP AUSTRALIA LIMITED Second Respondent -and- THE SHELL COMPANY OF AUSTRALIA LIMITED Third Respondent -and- NOEL ROBERT CONSTANTINE Fourth Respondent JUDGE: Heerey J DATE: 5 June 1997 PLACE: Melbourne MINUTES OF ORDER The Court orders that: 1. The applicant's further amended statement of claim dated 7 October 1996 be struck out. 2. Leave to re-plead is refused. 3. The applicant pay the respondents' costs of the respondents' notices of motion, such costs to be paid forthwith. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules