Hope Downs Management Services Pty Ltd v Hamersly Iron Pty Ltd [1999] FCA 1652

FEDERAL COURT OF AUSTRALIA

Hope Downs Management Services Pty Ltd v Hamersley Iron Pty Ltd [1999] FCA 1652

APPEALS – trade practices dispute arising out of application to National Competition Council for declaration recommendation of a service under Trade Practices Act 1974 (Cth) – application withdrawn pursuant to s 44F(5) of the Trade Practices Act 1974 (Cth) – appeals now moot – exercise of Court's discretion to stay an appeal – undertakings given by respondent and accepted by Court – questions of costs covered by undertakings – possible application of issue estoppel or res judicata removed by undertakings. Trade Practices Act 1974 (Cth) s 44F(5) Mayne Nickless Limited v Transport Workers Union of Australia (Black CJ, von Doussa and Carr JJ, 16 July 1998, unreported) referred to Leibler v Air New Zealand Ltd [1998] 2 VR 525 referred to R v Secretary of State for the Home Department ex parte Salem [1999] 2 All ER 42 referred to HOPE DOWNS MANAGEMENT SERVICES PTY LTD V HAMERSLEY IRON PTY LTD & ORS V402 of 1999 NATIONAL COMPETITION COUNCIL V HAMERSLEY IRON PTY LTD & ORS V403 OF 1999 BLACK CJ, LEE & GOLDBERG JJ MELBOURNE 22 NOVEMBER 1999

GENERAL DISTRIBUTION V 402 OF 1999 IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 403 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

V402 OF 1999 BETWEEN: HOPE DOWNS MANAGEMENT SERVICES PTY LTD

Appellant

AND: HAMERSLEY IRON PTY LTD

First Respondent

NATIONAL COMPETITION COUNCIL

Second Respondent

ROBE RIVER MINING CO PTY LTD

Third Respondent

MITSUI IRON ORE DEVELOPMENT PTY LTD

Fourth Respondent

NORTH MINING LIMITED