Australian Competition & Consumer Commission v Leelee Pty Ltd [1999] FCA 1121

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Leelee Pty Ltd [1999] FCA 1121 TRADE PRACTICES - application under s 51AC(1) - whether insistence on term of contract may be unconscionable for the purposes of that section - whether action consistent with contractual right may be unconscionable. TRADE PRACTICES - application under s 51AC(1) - whether conduct alleged was in connection with the supply of services. TRADE PRACTICES - operation of s 51AC(6)(b) - extent to which applicants entitled to rely on conduct before 1 July 1998 - whether pleadings should be struck out because conduct alleged occurred before 1 July 1998 - difference between "circumstances" and "conduct". PRACTICE AND PROCEDURE - application to permanently stay action as abuse of process - application under O 20 r 2 of Federal Court Rules - circumstances in which application will be permanently stayed - whether abuse of process. PRACTICE AND PROCEDURE - abuse of process - whether abuse to run "test case" - whether abuse of process where parties had disparate resources available - whether maintenance of proceedings so unfair and unjustifiably oppressive as to amount to abuse of process - whether proceedings were vexatious - whether proceedings should be stayed where one party cannot afford legal representation. WORDS AND PHRASES - meaning of "unfairness" for the purpose of abuse of process application - meaning distinguished from colloquial sense of unfairness. WORDS AND PHRASES - meaning of "circumstances existing before" - meaning of "conduct engaged in" - meaning of "have regard to" - difference between "circumstances" and "conduct". Federal Court Rules O 11 r 16, O 12 r 3 and O 20 r 2 Trade Practices Act 1974 (Cth) ss 4(2), 29(1), 51AC(1), 51AC(2), 51AC(3), 51AC(6)(b), 52A(1), 83, 87(1A), and 155 Medical Practitioners Act 1938 (NSW) Companies (New South Wales) Code s 541(5) Trade Practices Amendment (Fair Trading) Bill 1997