Emirates Park Pty Ltd v Magic Millions Sales Pty Ltd [2002] FCA 994

FEDERAL COURT OF AUSTRALIA

Emirates Park Pty Ltd v Magic Millions Sales Pty Ltd [2002] FCA 994 PROCEDURE – application to file amended statement of claim – whether leave should be granted – whether the general claim to be gleaned from the pleadings is a futile one TRADE PRACTICES – whether the interstate transportation of livestock constitutes interstate trade or commerce for the purpose of the Trade Practices Act 1974 TRADE PRACTICES – whether accessorial liability requires actual knowledge of the essential matters alleged against the principal contravener – whether an allegation of wilful blindness sufficient to justify a claim of accessorial liability

Statutes Sale of Goods Act 1896 (Qld) Trade Practices Act 1974 (Cth)

Cases Australian Competition and Consumer Commission v Maritime Union of Australia & Ors (2001) 187 ALR 487Refd to Australian National Airways Pty Ltd and Guinea Airways Ltd v The Commonwealth (1945) 71 CLR 29 Refd to Lockhart v Osman (1981) VR 57 Refd to W & A McArthur Ltd v State of Queensland & Ors (1920) 28 CLR 530 Yorke v Lucas (1985) 158 CLR 661 Refd to EMIRATES PARK PTY LTD V MAGIC MILLIONS SALES PTY LTD Q43 of 2002 KIEFEL J 9 AUGUST 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q43 OF 2002

BETWEEN: EMIRATES PARK PTY LTD

APPLICANT

AND: MAGIC MILLIONS SALES PTY LTD

FIRST RESPONDENT

STEWART RAMSAY

SECOND RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 9 AUGUST 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The applicant have leave to amend its application and the statement of claim within seven days from the date hereof in the form of annexure "B" to the affidavit of D.F. Jardine filed by leave on 2 August 2002, but taking these reasons into account. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.