Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited [2001] FCA 1190

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v

ABB Transmission and Distribution Limited

[2001] FCA 1190

PRACTICE AND PROCEDURE – transfer of proceedings – several respondents - case concluded against some – no agreement reached on facts with relevant respondents – balance of convenience – potential for inconsistent and conflicting findings – parity principle – whether judge should hear remainder of cases

Federal Court of Australia Act 1976 (Cth) s 48 Federal Court Rules O 10 r 1(2)(f), 0 30 r 6 Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd [2001] FCA 383; (2001) ATPR 41-815 referred to Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (unreported, 5 April 2001) referred to Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2000] FCA 1258; (2000) ATPR 41-786 considered Cultivaust Pty Ltd v Grain Pool of WA [2000] FCA 974 referred to Ebner v Official Trustee in Bankruptcy (2000) 75 ALJR 277 discussed National Mutual Holdings Pty Ltd v The Sentry Corporation (1988) 19 FCR 155 applied Postiglione v The Queen (1997) 189 CLR 295 discussed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ABB TRANSMISSION AND DISTRIBUTION LIMITED and ORS V 553 of 1999 AUSTRALIAN COMPETITION AND CONSUMER COMMSSION v ABB TRANSMISSION AND DISTRIBUTION LIMITED and ORS V 868 of 2000 FINKELSTEIN J MELBOURNE 28 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 553 of 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: ABB TRANSMISSION AND DISTRIBUTION LIMITED, ALSTOM AUSTRALIA LTD, WILSON TRANSFORMER COMPANY PTY LTD, DAVID TOOGOOD, CHRIS TAPE,

PAUL GRABHAM, R G ELLIOT, COLIN JAMES, ROBERT WILSON, DAVID PECK, DOUGLAS PITT