ACCC v INFO4PC.COM Pty Ltd [2001] FCA 258

FEDERAL COURT OF AUSTRALIA

ACCC v INFO4PC.COM Pty Ltd [2001] FCA 258 PRACTICE AND PROCEDURE – affidavit – filed in present proceeding – application by party for leave for use by non-party in second proceeding – whether leave should be granted – consideration of circumstances relevant to grant

Federal Court Rules O 46 r 6(3) Springfield Nominees Pty Limited v Bridgelands Securities Limited (1992) 38 FCR 217, applied Crest Homes PLC v Marks [1987] AC 829, considered Holpitt Pty Ltd v Varimu Pty Ltd (1991) 29 FCR 576, considered Sweetman v Australian Thoroughbred Finance Pty Ltd (Lockhart J, 23 July 1992, unreported), considered Complete Technology Pty Ltd v Toshiba (Australia) Pty Ltd (1994) 124 ALR 493, considered Autodesk Australia Pty Ltd v Dyason (1994) 30 IPR 469, considered Re Addstone Pty Ltd (in liq); Ex parte Macks (1998) 30 ACSR 156 and 162, considered AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v INFO4PC.COM PTY LTD and JAMES HAMILTON RAE S 17 of 2001 RD NICHOLSON J 15 MARCH 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY S 17 of 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: INFO4PC.COM PTY LTD

(ACN 094 149 149)

FIRST RESPONDENT

AND: JAMES HAMILTON RAE

SECOND RESPONDENT JUDGE: R D NICHOLSON J

DATE OF ORDER: 15 MARCH 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: Upon the Ministry of Fair Trading (Western Australia) undertaking to the Court not to use the following document or the information in it for any purpose other than evidence in the proceeding CIV 2738 of 2000 in the Supreme Court of Western Australia: 1. The applicant's motion date 22 February 2001 be granted. 2. The applicant have leave to provide that Ministry with the affidavit of James Hamilton Rae dated 13 February 2001 filed in this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.