Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TRADE PRACTICES - Part IV Trade Practices Act 1974 (Cth) - finding after two week trial that contraventions occurred - hearing of penalty phase adjourned - application for trial judge to disqualify himself on the ground of misunderstanding of respondents' case - alternatively on ground of apparent bias - application for rehearing before another judge - alternatively application for adjournment of hearing on penalty hearing pending appeal
Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 mentioned AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v J MCPHEE & SONS PTY LTD & ORS (NO 4) VG 948 of 1995 JUDGE: HEEREY J DATE: 13 MARCH 1998 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 948 of 1995
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: J MCPHEE & SON (AUSTRALIA) PTY LTD
(ACN 001 856 113)
First Respondent
RICHARD FORDE
Second Respondent
DOUG MORTON
Third Respondent
DAVID CLARKE
Fourth Respondent
CRAIG HOLLAND
Fifth Respondent
GUY WEBB
Sixth Respondent
JUDGE: HEEREY J
DATE OF ORDER: 13 MARCH 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The respondents' motion by notice dated 13 March 1998 is dismissed. 2. The respondents pay the applicants' costs of the motion. 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 VG 948 of 1995
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: J MCPHEE & SON (AUSTRALIA) PTY LTD
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