The Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd & Ors [1997] FCA 599

FEDERAL COURT OF AUSTRALIA CIVIL PROCEDURE - whether proceedings should continue as representative action when no evidence that any possible member of class is interested in recovering its losses by means of the representative action - whether costs of representative proceedings outweigh benefits - time limitations - whether limitation questions should be decided in interlocutory proceedings. Evidence Act 1995 (Cth) - s 144 Federal Court of Australia Act 1976 (Cth) - ss 22, 33B, 33C(1)(a), 33N, 33Z Limitation of Actions Act 1974 (Qld) Trade Practices Act 1974 (Cth) - ss 45, 52, 82(2) Australian Competition and Consumer Commission v Pioneer Concrete (1996) ATPR 41-457, considered Australian Competition and Consumer Commission v Hymix (1996) ATPR 41-465, considered Wardley Australia Ltd v Western Australia (1992) 175 CLR 514, considered and applied State of Western Australia v Wardley Australia Ltd (1991) 30 FCR 245, distinguished Karedis Enterprises Pty Ltd v Antoniou (1995) 59 FCR 35, referred to THE COUNCIL FOR THE CITY OF THE GOLD COAST v PIONEER CONCRETE (QLD) PTY LTD & ORS QG 190 OF 1996 DRUMMOND J BRISBANE 9 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA QG 190 of 1996 QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION BETWEEN: THE COUNCIL FOR THE CITY OF THE GOLD COAST on its own behalf and in a representative capacity on behalf of all persons (natural or corporate) who directly or indirectly acquired for value pre-mix concrete ('product') originally manufactured and/or supplied by one or more of the respondents in the geographical area encompassed by the present territorial unit of the local government of the Council for the City of The Gold Coast between the period from June 1989 to July 1994 (inclusive) but excluding: (a) persons who have acquired concrete from an end consumer solely by reason of the acquisition of land on which a concrete structure had, prior to such acquisition, been erected; and (b) persons who acquired quantities of product totalling in aggregate less than 1,000 cubic meters during the period June 1989 to July 1994 inclusive; and (c) persons who were able to pass on to other consumers in the chain of commerce all product costs incurred. Applicant AND: PIONEER CONCRETE (QLD) PTY LTD (ACN 009 679 734) BORAL RESOURCES (QLD) PTY LIMITED (ACN 009 671 809) CSR LIMITED (ACN 000 001 276) HYMIX INDUSTRIES PTY LIMITED (ACN 000 582 221) Respondents CORAM: Drummond J DATE: 9 July 1997 PLACE: Brisbane MINUTES OF ORDERS THE COURT: