Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 131

FEDERAL COURT OF AUSTRALIA Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 131 TOBACCO CONTROL COALITION INC v PHILIP MORRIS (AUSTRALIA) LTD and PHILIP MORRIS LTD, W D & H O WILLS HOLDINGS LTD and W D & H O WILLS (AUSTRALIA) LTD and ROTHMANS HOLDINGS LTD and ROTHMANS OF PALL MALL (AUSTRALIA) LTD N1089 of 1999 WILCOX J SYDNEY 9 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1089 of 1999

BETWEEN: TOBACCO CONTROL COALITION INC

Applicant

AND: PHILIP MORRIS (AUSTRALIA) LTD and PHILIP MORRIS LTD

First Respondents

W D & H O WILLS HOLDINGS LTD and

W D & H O WILLS (AUSTRALIA) LTD

Second Respondents

AND

ROTHMANS HOLDINGS LTD and ROTHMANS OF PALL MALL (AUSTRALIA) LTD

Third Respondents JUDGE: WILCOX J

DATE OF ORDER: 9 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT DIRECTS THAT:

1. Leave be granted to the applicant, pursuant to Order 4, Rule 14(2) of the Federal Court Rules, to carry on the proceeding without a solicitor; but limited to preparation for, and attendance at, the hearing of the motions listed for 21 February 2000 and limited, in point of time, to the conclusion of that hearing. 2. Leave be granted to the applicant to file in Court the notice of motion, dated 3 February 2000, signed by Dr Andrew Penman on behalf of the applicant. Friday, 11 February 2000 at 10.15am be appointed for the hearing of that motion. All affidavits in support of that motion are to be filed and served on the third respondent by 1pm on 10 February 2000. 3. The directions made on 17 December 1999 be varied so as to require the applicant to file its submissions in relation to costs first, and by 1pm on Monday, 14 February 2000. All respondents' submissions are to be filed by 1pm on Friday, 18 February 2000. 4. The costs of the motion heard on 9 February 2000 be reserved.