Australian Competition & Consumer Commission v Emerald Ocean Pty Ltd [2003] FCA 43

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Emerald Ocean Pty Ltd [2003] FCA 43 EVIDENCE – rulings – no point of general principle

Evidence Act 1995 (Cth) ss 57, 79, 135(a), 136 Trade Practices Act 1974 (Cth) s 51A Sykes v Reserve Bank of Australia (1998) 88 FCR 511 considered City of Botany Bay Council v Jazabas Pty Ltd [2001] NSWCA 94 considered Blacker v National Australia Bank [2000] FCA 681 referred to Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd (1999) 166 ALR 74 referred to AUSTRALIAN COMPETITION & CONSUMER COMMISSION v EMERALD OCEAN DISTRIBUTORS PTY LTD and SLENDERTONE HEALTH & BEAUTY PTY LTD and SEAN O'DONOGHUE and EMERALD OCEAN DISTRIBUTORS PTY LTD and SLENDERTONE HEALTH & BEAUTY PTY LTD and SEAN O'DONOGHUE and BIO-MEDICAL RESEARCH LIMITED W118 of 2000 RD NICHOLSON J 4 FEBRUARY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W118 OF 2000

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: EMERALD OCEAN DISTRIBUTORS PTY LTD

AND: FIRST RESPONDENT

SLENDERTONE HEALTH & BEAUTY PTY LTD

SECOND RESPONDENT

SEAN O'DONOGHUE

THIRD RESPONDENT

EMERALD OCEAN DISTRIBUTORS PTY LTD

FIRST CROSS CLAIMANT

SLENDERTONE HEALTH & BEAUTY PTY LTD

SECOND CROSS CLAIMANT

SEAN O'DONOGHUE

THIRD CROSS CLAIMANT

BIO-MEDICAL RESEARCH LIMITED

CROSS RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 4 FEBRUARY 2003

WHERE MADE: PERTH

THE COURT RULES:

(1) Objections to respondents' expert reports: The applicant's objections to the report of M/s Cadariu and Dr Rosenbaum is to be held over pending cross-examination on the matters referred to in the accompanying reasons.