Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Le Ro Char Enterprises Pty Ltd v Can Recycling (SA) Pty Ltd
[1999] FCA 711 TRADE PRACTICES – secondary boycott – interlocutory injunction – allegation of acting in concert – common directorship and shareholding not evidence of concert
Trade Practices Act 1974 (Cth) s 45D(1) Environment Protection Act 1993 (SA) s 71
LE RO CHAR ENTERPRISES PTY LTD V CAN RECYCLING (SA) (TRADING AS STATEWIDE RECYCLING) NO V 194 of 1999 FINKELSTEIN J MELBOURNE 7 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 194 OF 1999
BETWEEN: LE RO CHAR ENTERPRISES PTY LTD
Applicant
AND: CAN RECYCLING (SA) PTY LTD
trading as STATEWIDE RECYCLING,
COCA-COLA AMATIL (AUST) PTY LTD and
CADBURY SCHWEPPES PTY LTD
Respondents JUDGE: FINKELSTEIN J
DATE OF ORDER: 7 MAY 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The motion for interlocutory relief be dismissed. 2. The Respondents' taxed costs of the motion be paid by the Applicant.
AND THE COURT DIRECTS THAT: 1. The Respondents file and serve any Request for Further and Better Particulars of the Applicant's Statement of Claim by 4.15 pm on 14 May 1999. 2. The Applicant file and serve Further and Better Particulars of its Statement of Claim pursuant to any request by 4.15 pm on 28 May 1999. 3. Any motion to be made by any Respondent to strike-out the Statement of Claim or to have the proceedings dismissed be issued by 4.15 pm on 4 June 1999 and be served, together with any affidavits in support of that motion by 4.15 pm on 7 June 1999. 4. If no Respondent files and serves a motion pursuant to order 3 hereof, each Respondent is to file and deliver its Defence by 4.15 pm on 4 June 1999. 5. If no Respondent files and serves a motion pursuant to order 3 hereof, each party is to file and serve a List of Discoverable Documents by 4.15 pm on 25 June 1999. 6. The Directions Hearing is otherwise adjourned until 9.30 am on 23 July 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate