Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corp Ltd v AAPT Ltd [1999] FCA 1351
PRACTICE & PROCEDURE - PLEADINGS - motion seeking to strike out certain paragraphs of AAPT's cross claim as not disclosing a reasonable cause of action - cross claim alleges misuse of market power by Telstra under Part IV of the Trade Practices Act - whether the pleaded facts demonstrate a casual nexus between the alleged conduct and the market power so that the conduct is seen to be a use of the power
Telecommunications Act 1997 Trade Practices Act 1974 (Cth)
Queensland Wire Industries v Broken Hill Proprietary Co Ltd [1989] 167 CLR 177, applied Dowling v Dalgety Australia Ltd [1992] 34 FCR 109, applied General Newspapers Pty Ltd v AOTC [1993] 40 FCR 98, referred to Natwest Australia Bank Ltd v Boral Gerrard Strapping Systems Pty Ltd [1992] ATPR 41-196, applied Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [1996] ATPR 41-522, referred to BT Australasia Pty Ltd v State of New South Wales & Anor [1999] ATPR (Digest) 46-187, applied
TELSTRA CORPORATION LIMITED (ACN 051 775 556) v AAPT LIMITED (ACN 052 082 416)
NG 484 OF 1997
NG 449 OF 1997
NG 1125 OF 1997
THE HON JUSTICE MARCUS EINFELD AO 29 SEPTEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 484 OF 1997
NG 449 OF 1997
NG 1125 OF 1997
BETWEEN: TELSTRA CORPORATION LIMITED (ACN 051 775 556)
Applicant
AND: AAPT LIMITED (ACN 052 082 416)
Respondent
JUDGE: THE HON JUSTICE MARCUS EINFELD AO
DATE OF ORDER: 29 SEPTEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant's motion to strike out part of the respondent's cross claim based on Part IV of the Trade Practices Act (1974) (Cth) be adjourned to Thursday 21 October at 9.45am
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