Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACCC v Lux Pty Ltd [2001] FCA 1705 PROCEDURE – trade practices – allegations of unconscionable conduct, undue harassment and coercion – intellectual disability – evidence of prior contractual dealings – whether admissibility of such evidence should be tried as a separate issue Evidence Act 1995 (Cth) ss 55, 97, 135 Trade Practices Act 1974 (Cth) s 51AB Federal Court Rules O 29 r 2 POS Media On-line Limited v Queensland Investment Corporation [2000] FCA 1451 cited Orison Pty Ltd v Strategic Minerals Corporation NL (1987) 77 ALR 141 cited Smith v Maloney (1998) 19 WAR 209 cited Dunstan v Simmie & Co Pty Ltd [1978] VR 669 referred to ACCC v Black On White Pty Ltd t/as Australian Early Childhood College (1998) FCA 1569 cited Jacara Pty Ltd v Perpetual Trustees WA Ltd [2000] FCA 1886 cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION v LUX PTY LTD and DENNIS PODGER W 124 of 2000 RD NICHOLSON J 5 DECEMBER 2001 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 124 of 2000
BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION
APPLICANT
AND: LUX PTY LTD (ACN 054 882 852)
FIRST RESPONDENT
DENNIS PODGER
SECOND RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 5 DECEMBER 2001
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The applicant's motion dated 12 July 2001 be dismissed. 2. The applicant's pay the respondents' costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 124 of 2000
BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION
APPLICANT
AND: LUX PTY LTD (ACN 054 882 852)
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