ACCC v Jayco Pty Ltd (ACN 057 480 556) [2002] FCA 1597

FEDERAL COURT OF AUSTRALIA

ACCC v Jayco Pty Ltd (ACN 057 480 556) [2002] FCA 1597

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v JAYCO PTY LTD (ACN 057 480 556), DAVID FRANCIS and MICHAEL JOSEPH CARMODY

V567 OF 1997 RYAN J 12 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V567 of 1997

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: JAYCO PTY LTD (ACN 057 480 556)

First Respondent

DAVID FRANCIS

Second Respondent

MICHAEL JOSEPH CARMODY

Third Respondent

JUDGE: RYAN J

DATE OF ORDER: 12 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion on notice filed on 31 October 2002 be adjourned to 17 February 2003 to be heard on that day and if necessary also on 18 and 19 February 2003. 2. Any further affidavit or affidavits on which the second respondent intends to rely in opposition to the said motion be filed and served by 31 January 2003. 3. Any answering affidavits on behalf of the applicant be filed and served by 11 February 2003. 4. Notices requiring the attendance for cross-examination of the deponent of any affidavit filed in relation to the said motion be filed and served by 12 February 2003. 5. Liberty be reserved to either the applicant or the second respondent to apply on not less than 48 hours' notice in writing to the other party. 6. The costs of the applicant and the second respondent of this day be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V567 of 1997

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant