Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd & Ors [1998] FCA 819

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE – Group representative proceeding under Part IVA of Federal Court of Australia Act 1976 ("FCA Act") – standing of Australian Competition and Consumer Commission ("ACCC") to be representative party in such a proceeding – relationship between group proceeding under Part IVA of FCA Act and representative application by ACCC for compensatory order under subss 87 (1A) and (1B) of Trade Practices Act 1974 – meaning of "claim" and "sufficient interest" in ss 33C and 33D of FCA Act – application for order under s 33N of FCA Act that proceeding no longer continue under Part IVA of that Act – discretion to make order – matters relevant to exercise of discretion – Mareva relief – requirement of giving of usual undertaking as to damages by Crown or by instrumentality of Crown. Federal Court of Australia Act 1976 Part IVA, ss 33C, 33D, 33N, 33ZG, 33ZH Trade Practices Act 1974 s 87 Mareva Compania Naviera SA v International Bulk Carriers [1975] 2 Lloyd's L Rep 509 referred to Australian Competition and Consumer Commission v Chats House Investments Pty Limited (1996) 71 FCR 250 followed Australian Competition and Consumer Commission v Golden Sphere International Inc, unreported, FCA, 1 June 1998 followed Bank of Western Australia Ltd v Commissioner of Taxation (1994) 55 FCR 233 applied Ryan v Great Lakes Council (1997) 149 ALR 45 distinguished Tropical Shine Holdings Pty Ltd v Lake Gesture Pty Ltd (1993) 45 FCR 457 considered Boyce v Paddington Borough Council [1903] 1 Ch 109 referred to Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493 referred to Australian Competition and Consumer Commission v Shell Co of Australia Ltd (1997) 72 FCR 386 considered Barker v Edger [1898] AC 748 considered Royal Automobile Club of Australia Incorporating Imperial Service Club v Sydney City Council (1992) 27 NSWLR 282 considered Wardley Australia Ltd v Ramensky (1992) 39 FCR 31 referred to Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd, unreported, FCA, 9 July 1997 applied Ryan v Great Lakes Council, unreported, FCA, 11 June 1998 applied Securities and Investments Board v Pantell [1989] 2 All ER 673 referred to Smith v Day (1882) 21 Ch D 421 applied Bond Brewing Holdings Ltd v National Australia Bank (No 2) (1990) 8 ACLC 403 applied National Australia Bank v Bond Brewing Holdings Ltd [1991] 1 VR 386 applied F Hoffmann-La Roch e & Co AG v Secretary of State for Trade and Industry [1975] AC 295 applied Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493 applied AUSTRALIAN COMPETITION & CONSUMER COMMISSION v GIRAFFE WORLD AUSTRALIA PTY LIMITED & ORS