Australian Competition & Consumer Commission v Oceana Commercial Pty Ltd [2002] FCA 1309

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Oceana Commercial Pty Ltd [2002] FCA 1309 PROCEDURE – whether paragraph in application pre-empting claim for compensation ought to be struck out – whether ACCC gave notice of intention to make compensation claim without applying for claim in same proceeding – whether specification of relief sought ought to be limited to that claimed in the proceedings - whether findings of fact and law precondition to compensation claim. PROCEDURE – whether cross claims ought to be struck out – whether leave ought to be granted for fourth respondent to discontinue cross claim – whether respondents ever had basis for indemnity or contribution. COSTS – whether applicant ought to pay costs associated with dismissal of cross-claims – whether cross claims always liable to be dismissed – whether respondents ought to have appreciated that the reference to a claim for compensation was a notification and not a claim.

Statutes The Law Reform Act 1995 (Qld) Trade Practices Act 1974 (Cth) s 87, 82

Cases Australian Competition and Consumer Commission v Giraffe World Australia Pty Ltd (1998) 84 FCR 512 Cited Australian Competition and Consumer Commission v The Shell Company of Australia Limited (1997) 72 FLR 384 Cited Burke v LFOT Pty Limited (2002) 187 ALR 612 Cited Trade Practices Commission v Frendship[sic] Aloe Vera Pty Ltd (1988) ATPR 40-892 Cited

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v OCEANA COMMERCIAL PTY LTD, MARKFAIR PTY LTD, ADVANCED COMMERCIAL DEVELOPMENTS PTY LTD, COMMONWEALTH BANK OF AUSTRALIA, CHRISTOPHER RUSSELL BILBOROUGH, DUDLEY JAMES QUINLIVAN, SHANE ANDREWS, MICHAEL BYROM, PETER EGGENHUIZEN, GREGORY POINTON, DEAN CORNISH, JOHN GROUNDS, RODNEY JOHANSON and SHORT PUNCH & GREATORIX Q232 of 2002 KIEFEL J BRISBANE 25 OCTOBER 2002