Australian Competition & Consumer Commission v Amcor Printing Papers Group Ltd [1999] FCA 533

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Amcor Printing Papers Group Ltd [1999] FCA 533

AUSTRALIAN COMPETITION & CONSUMER COMMISSION v AMCOR PRINTING PAPERS GROUP LIMITED & ORS NG 1245 of 1998 JUDGE: SACKVILLE J PLACE: SYDNEY DATE: 30 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1245 OF 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: AMCOR PRINTING PAPERS GROUP LIMITED

First Respondent

VISY PAPER PTY LTD

Second Respondent

ANTHONY NOTT

Third Respondent

WILLIAM GUTHRIDGE

Fourth Respondent

DAVID ROACH

Fifth Respondent

JUDGE: SACKVILLE J

DATE OF ORDER: 30 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The motion filed on 26 March 1999 by the first, third and fifth respondents be dismissed. 2. The applicant ("ACCC") be given leave to file a further amended statement of claim in or substantially in the form of the pleading annexed to the ACCC's motion filed on 28 April 1999. 3. The ACCC pay seventy-five per cent of the fifth respondent's costs of the motion filed on 26 March 1999 and of the motion filed on 28 April 1999. 4. Subject to Order 3, the first and third respondents and the ACCC each bear its or his own costs of the motion filed on 26 March 1999. 5. The ACCC pay the costs (if any) of the first, third and fifth respondents thrown away by the filing of the amended statement of claim on 22 April 1999 and of the further amended statement of claim referred to in Order 2. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA