ACCC v Multigroup Distribution [2002] FCA 201

FEDERAL COURT OF AUSTRALIA

ACCC v Multigroup Distribution [2002] FCA 201 TRADE PRACTICES – notice of motion – application to strike out amended statement of claim – whether pleading establishes a causal connection between alleged misrepresentation and loss or damage suffered – amended statement of claim struck out as against the third respondent Trade Practices Act 1974 (Cth)

McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409, cited Bond Corporation v Thiess Contractors Pty Ltd (1987) 14 FCR 215, cited Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd (1996) ATPR 41-522, cited Henville v Walker (2001) 75 ALJR 1410, distinguished AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MULTIGROUP DISTRIBUTION SERVICES PTY LTD and OTHERS No Q 157 of 2001 SPENDER J BRISBANE 26 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 157 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: MULTIGROUP DISTRIBUTION SERVICES PTY LTD

ACN 001 227 890

FIRST RESPONDENT

JOHN O'NEILE

SECOND RESPONDENT

MALCOLM ROBERTS

THIRD RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 26 FEBRUARY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The amended statement of claim as against the third respondent be struck out. 2. The respondent on the motion pay the costs of the applicant on the motion, to be taxed if not agreed. 2. Any fresh statement of claim as against the third respondent be filed within four weeks of today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 157 OF 2001