Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v IMB Group Pty Ltd
[1999] FCA 819
PRACTICE AND PROCEDURE - leave to amend statement of claim requested late in hearing of trial to expressly rely on s 51A Trade Practices Act 1974 (Cth) - need to plead reliance on s 51A - what is sufficient to do that - leave to amend refused Trade Practices Act 1974 (Cth) ss 51A and 52 Federal Court Rules O 11 r 2, O 11 r 5, O 11 r 10(b), O 12 r 1 Cummings v Lewis (1993) 113 ALR 285 considered Western Australia v Bond Corporation Holdings Ltd (1991) 13 ATPR 41-081 considered Ting v Blanche (1993) 118 ALR 543 considered State of Queensland v Pioneer Concrete (Qld) Pty Ltd (1999) FCA 499 cited Bailey v Federal Commissioner of Taxation (1977) 136 CLR 214 cited The King v Nat Bell Liquors Ltd [1922] 2 AC 128 cited Cato v Costello; Ex parte Costello [1939] St R Qd 318 cited R v O'Brien (1964) 50 DLR (2nd) 92 cited Phoenix Court v Melbourne Central Pty Ltd (Goldberg J, unreported, 22 October 1997) cited
Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (1998) ATPR 41-633 cited
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THE IMB GROUP PTY LTD & ORS
QG 175 OF 1993
DRUMMOND J
17 JUNE 1999
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 175 OF 1993
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: THE IMB GROUP PTY LTD (ACN 050 411 946) (IN LIQUIDATION)
First Respondent
LOGAN LIONS LIMITED (ACN 060 338 758) (IN LIQUIDATION)
Third Respondent
SAMSON NEIL BACKO
Fourth Respondent
DAVID JOHN IVERS
Fifth Respondent
LUKE VINCENT IVERS
Sixth Respondent
JOHN LINDSAY IVERS
Seventh Respondent
LANCE THOMAS STONE
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