Australian Competition & Consumer Commission v J McPhee & Son (Australia) Pty Ltd & Ors (No.2) [1997] FCA 1013

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - proceedings claiming pecuniary penalties under Pt IV of Trade Practices Act 1974 (Cth) - whether witness statements should be directed prior to trial from natural persons who are respondents - privilege against exposure to a penalty

TRADE PRACTICES - proceedings claiming pecuniary penalties under Pt IV of Trade Practices Act 1974 (Cth) - whether witness statements should be directed prior to trial from natural persons who are respondents - privilege against exposure to a penalty

Refrigerated Express Lines Australasia Proprietary Limited v Australian Meat and Livestock Corporation (1979) 42 FLR 204

Australian Competition and Consumer Commission v Pioneer Concrete Queensland Proprietary Limited (unreported, Drummond J ,15 December 1995) Reid v Howard (1995) 184 CLR 1 Meinhard v Salmon (1928) 249 NY 458 Environmental Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION -v- J McPHEE & SON (AUSTRALIA) PTY LIMITED & ORS (No.2) JUDGE: HEEREY J PLACE: MELBOURNE DATE: 8 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 948 of 1995 ) GENERAL DIVISION )

BETWEEN: AUSTRALIAN COMPETITION AND

CONSUMER COMMISSION

Applicant AND: J McPHEE & SON (AUSTRALIA) PTY

LIMITED & ORS

First Respondent

RICHARD FORDE

Second Respondent

DOUGLAS MORTON

Third Respondent

DAVID CLARKE

Fourth Respondent

CRAIG HOLLAND

Fifth Respondent

GUY WEBB

Sixth Respondent

JUDGE: HEEREY J PLACE: MELBOURNE DATE: 8 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The directions given on 2 June 1997 for the filing and serving of witness statements by the second to sixth respondent be rescinded. 2. The costs of the second to sixth respondent's notice of the motion of 30 July 1997 to be the respondents' costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.