ACCC v SIP Australia Pty Ltd [2000] FCA 541

FEDERAL COURT OF AUSTRALIA

ACCC v SIP Australia Pty Ltd [2000] FCA 541 TRADE PRACTICES – application for leave to amend statement of claim – allegation of resale price maintenance – vertical arrangement – whether proposed vertical arrangement inconsistent with alleged horizontal agreement – arrangement in proposed amendment arose out of facts already pleaded – arrangement entered into six years previously. Trade Practices Act 1974(Cth): s 45, s 48, s 77(2) Federal Court Rules: O 13 r2(7) Trade Practices Commission v David Jones (Australia) Pty Ltd (1986) 13 FCR 446 cited State of Queensland v Pioneer Concrete (Queensland) Pty Ltd (1999) ATPR 41‑691 cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION v SIP AUSTRALIA PTY LIMITED & ORS V 189 of 1999 GOLDBERG J 19 APRIL 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 189 of 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: SIP AUSTRALIA PTY LIMITED

(ACN 003 458 884)

First Respondent

FILIPPO IPPASO

Second Respondent

JOHN EDWIN GATES

Third Respondent

BAKER BROS (AUST) PTY LTD

(ACN 006 977 886)

Fourth Respondent

ANDREW CLIVE BAKER

Fifth Respondent

GUY EDWIN BAKER

Sixth Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 19 APRIL 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant have leave to file and serve an amended application and an amended statement of claim in the form of exhibits "MC5" and "MC6" to the affidavit of Meredith Cole sworn 27 March 2000 together with particulars of the request and persuasion referred to in paragraph 55 of the proposed amended statement of claim by 4.00pm on 3 May 2000. 2. The applicant pay any costs of the first, second and third respondents thrown away by reason of the amendments. 3. The costs of the parties of the application for leave to amend the application and statement of claim be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules