FEDERAL COURT OF AUSTRALIA ACCC v Michigan Group Pty Ltd [2001] FCA 1631 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MICHIGAN GROUP PTY LTD (ACN 065 378 029), RODNEY MONTAGUE LASKI, CHARLES CAMERON, IMOBILIARE PTY LTD (ACN 063 501 208), PETER SEMOS, GEORGE SEMOS, DARYL FRANCIS DOHERTY, YEPPOON PTY LTD (ACN 081 944 112), LINDA CAROL MORETTO AND PROSPERO FRANZESE Q 105 OF 2000 DOWSETT J 19 OCTOBER 2001 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 105 OF 2000 BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION APPLICANT AND: MICHIGAN GROUP PTY LTD (ACN 065 378 029) FIRST RESPONDENT RODNEY MONTAGUE LASKI SECOND RESPONDENT CHARLES CAMERON THIRD RESPONDENT IMOBILIARE PTY LTD (ACN 063 501 208) FOURTH RESPONDENT PETER SEMOS FIFTH RESPONDENT GEORGE SEMOS SIXTH RESPONDENT DARYL FRANCIS DOHERTY SEVENTH RESPONDENT YEPPOON PTY LTD (ACN 081 944 112) EIGHTH RESPONDENT LINDA CAROL MORETTO NINTH RESPONDENT PROSPERO FRANZESE TENTH RESPONDENT JUDGE: DOWSETT J DATE: 16 & 19 OCTOBER 2001 PLACE: BRISBANE REASONS FOR JUDGMENT 1 Although I consider that it is highly arguable that the case as pleaded and particularised will fail, that assessment is dependent upon my view of the inferences available from alleged facts. I consider it would be potentially embarrassing in the conduct of the trial to uphold the motion at this stage. It would not be possible for any appeal from such a decision to be heard and determined before the trial of the balance of the proceedings. If such an appeal were successful, the applicant would be compelled to pursue the tenth respondent in a separate hearing. 2 This difficulty is, as far as I can see, entirely attributable to the fact that the present motion is brought at a very late stage. It is, I think, inappropriate that it be entertained, and in those circumstances, I exercise my discretion against granting the relief claimed. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 19 November 2001 Counsel for the Applicant: Mr A Duffy Solicitor for the Applicant: Corrs Chambers Westgarth Counsel for the Respondent: Mr T Sullivan Solicitor for the Respondent: Ebsworth & Ebsworth Dates of Hearing: 16 & 19 October 2001 Date of Judgment: 19 October 2001