Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Qantas Airways Ltd [2002] FCA 1354
TRADE PRACTICE – PRACTICE & PROCEDURE – pleadings – motion to strike out amended statement of claim – claim under Trade Practices Act 1974 (Cth) s 46 – whether failure to adequately plead close substitutes – whether failure to adequately plead indirect airline service – whether failure to adequately plead the functional or time dimensions of markets alleged – whether failure to adequately distinguish between lawful competitive conduct and illegal activity – whether pleading that "substantial" barriers to entry into relevant market imprecise or embarrassing – whether failure to provide adequate particulars. Trade Practices Act 1974 (Cth) ss 46, 76, 80 and 83 Goldsmith v Sandilands (2002) 190 ALR 370 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION V QANTAS AIRWAYS LIMITED N 408 OF 2002 BEAUMONT J 1 NOVEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 408 OF 2002
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: QANTAS AIRWAYS LIMITED
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 1 NOVEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The matter is stood over to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 408 OF 2002
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: QANTAS AIRWAYS LIMITED
RESPONDENT
JUDGE: BEAUMONT J
DATE: 1 NOVEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT (ON QANTAS' MOTION TO STRIKE OUT THE WHOLE OR PART OF THE STATEMENT OF CLAIM AS A DEFECTIVE PLEADING)
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