Australian Competition & Consumer Commission v Pauls Ltd [2002] FCA 71

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Pauls Ltd [2002] FCA 71

PROCEDURE: application for leave to change the proper place and to fix the venue for the hearing of the trial No question of principle Federal Court of Australia Act 1975 (Cth) s 48 Federal Court Rules O 10 r 1(2)(f), O 30 r 6

National Mutual Holdings Pty Ltd & Ors v The Sentry Corporation & Anor (1988) 19 FCR 155 followed Cycles & Wheelman Pty Ltd & Ors v Beltech Corporation Ltd (1988) 80 ALR 279 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PAULS LIMITED (ACN 009 698 015) AND OTHERS NO D 23 OF 2001 O'LOUGHLIN J DARWIN 8 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 23 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: PAULS LIMITED

(ACN 009 698 015)

FIRST RESPONDENT

MALANDA DAIRYFOODS LIMITED

(ACN 068 031 550)

SECOND RESPONDENT

AUSTRALIAN CO-OPERATIVE FOODS LIMITED

(ACN 010 308 068)

THIRD RESPONDENT

ALAN ALEXANDER MCCRAY

FOURTH RESPONDENT

BARRY ROBERT JARDINE

FIFTH RESPONDENT

RICHARD GORDON LEONG SEE

SIXTH RESPONDENT

SYDNEY RICHARD MORGAN

SEVENTH RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 8 FEBRUARY 2002

WHERE MADE: DARWIN

THE COURT ORDERS THAT: 1. The application to transfer the proper place to the Queensland Registry is refused. 2. The application for an order that the trial of these proceedings be held in Brisbane is adjourned with liberty to any party to bring the matter back for further consideration on seven days notice. 3. The costs of the present application and these orders are referred to the trial judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.