JC Decaux Australia Pty Ltd v Adshel Street Furniture Ltd [2000] FCA 1118

FEDERAL COURT OF AUSTRALIA

JC Decaux Australia Pty Ltd v Adshel Street Furniture Pty Ltd [2000] FCA 1118 PRACTICE AND PROCEDURE – pleadings – application to strike out statement of claim – claims made under Pts IV and V of the Trade Practices Act – whether claims are inconsistent and should be struck out – whether applicant can make Pt IV claim against parties not in "horizontal" competition with each other – whether O 11 r 8 of the Federal Court Rules allows inconsistent facts to be pleaded against different parties. Trade Practices Act 1974 (Cth), Pts IV & V, ss 45, 47 and 52 Federal Court Rules O 11 r 8 Phillips v Phillips (1878) 4 QBD 127 at 134 referred to Davy v Garrett (1878) 7 ChD 473 at 489 referred to Smith v Richardson (1878) 4 CPD 112 referred to Brailsford v Tobie (1888) 10 ALT 194 at 195 referred to Issitch v Worrell (2000) 172 ALR 586 at 594-5 referred to United Australia Ltd v Barclays Bank Ltd [1941] AC 1 referred to Elder's Trustee & Executor Co Ltd v Commonwealth Homes & Investment Co Ltd (1941) 65 CLR 603 referred to O'Connor v SP Bray Ltd (1936) 36 SR(NSW) 248 at 257-63 referred to Sargent v ASL Developments (1974) 131 CLR 634 at 655 referred to Randwick Municipal Council v Broten [1964-5] NSWR 1445 referred to Fried v National Australia Bank Ltd [2000] FCA 910 referred to Trade Practices Commission v David Jones (Aust) Pty Ltd (1986) 13 FCR 446 at 471 referred to Pont Data Australia Pty Ltd v ASX Operations Pty Ltd (1989) 21 FCR 385 at 421 referred to Ross Payne & Co v Western Australia Lamb Marketing Board (1983) 77 FLR 286 at 289-90 referred to Hughes v Western Australian Cricket Association (Inc) (1986) 19 FCR 10 at 44 referred to Dey v Victorian Railways Commissioners (1949) 78 CLR 62 at 91-2 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 at 128-30 referred to Bullen & Leake and Jacob's Precedents of Pleadings, 12th ed Halsbury's Laws of Australia 1995 ed Heydon Trade Practices Law