Bray v F. Hoffman-La Roche Ltd [2002] FCA 243

FEDERAL COURT OF AUSTRALIA

Bray v F. Hoffman-La Roche Ltd [2002] FCA 243

TRADE PRACTICES – international price fixing and market allocation cartel - extra-territorial operation of the Trade Practices Act 1974 (Cth) –– whether Court has jurisdiction in respect of the making and giving effect to the cartel arrangement by foreign corporations – whether jurisdiction of the Court depends on whether foreign corporations carried on business in Australia by or through their Australian subsidiaries – whether foreign corporations gave effect to the cartel arrangement in Australia by communications from outside Australia which were received in Australia - whether officers of the Australian subsidiaries of the foreign corporations acted as their agents in implementing the cartel arrangement COURTS – PRACTICE AND PROCEDURE – leave to serve out of the jurisdiction – whether Court has jurisdiction in the proceeding in respect of extra-territorial conduct – whether jurisdiction is to be determined by reference to the prima facie case established by the applicant - whether motion to set aside proceeding for want of jurisdiction is a final or interlocutory proceeding – whether the Court is under a duty to forthwith hear and determine a bona fide challenge to its jurisdiction – whether the Court has been conferred with jurisdiction to conclusively determine the facts upon which its jurisdiction depends EVIDENCE – whether s 75 of the Evidence Act 1995 (Cth) applies to second-hand and more remote hearsay – circumstances in which the Court might dispense with compliance with the rules of evidence in respect of matters that are not bona fide in dispute WORDS AND PHRASES – "carrying on business in Australia"

Trade Practices Act 1974 (Cth) s 5(1), 45(2), 75B, 86 and 163A Evidence Act 1995 (Cth) s 75 Federal Court Rules O 8 r 2(2), O 9 r 7