Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCA 157

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCA 157 PRACTICE AND PROCEDURE – Pre-trial directions – Action for recovery of pecuniary penalties – Whether Court should direct pre-trial service of statements of witnesses to be called by natural person respondents. Trade Practices Act 1974 ss 76, 77 Australian Competition and Consumer Commission v J McPhee & Son (Australia) Pty Ltd (1997) 77 FCR 217 followed Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd [1999] FCA 672, 163 ALR 465 followed Sidebottom v Commissioner of Taxation [2003] VSCA 2 not followed

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v FFE BUILDING SERVICES LIMITED (formerly Chubb Building Services Ltd) (formerly James Hardie Building Services Pty Ltd) t/as Fire Fighting Enterprises, TYCO AUSTRALIA PTY LTD (formerly Wormald Australia Pty Ltd) t/as Wormald Fire Systems and t/as Mercury Engineering, PREMIER FIRE PROTECTION (NSW) PTY LTD, METROPOLITAN FIRE SYSTEMS PTY LTD, ALLEN EDWARD SMITH, COLIN SIMPSON, VITO FODERA, JAMES BELL, ALLAN CARR, MITCHELL GRICE, BILL LAWSON

N 509 of 2002 WILCOX 7 MARCH 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 509 of 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: FFE BUILDING SERVICES LIMITED (formerly Chubb Building Services Ltd) (formerly James Hardie Building Services Pty Ltd) t/as Fire Fighting Enterprises

FIRST RESPONDENT

TYCO AUSTRALIA PTY LTD (formerly Wormald Australia Pty Ltd) t/as Wormald Fire Systems and t/as Mercury Engineering

SECOND RESPONDENT

PREMIER FIRE PROTECTION (NSW) PTY LTD

THIRD RESPONDENT

METROPOLITAN FIRE SYSTEMS PTY LTD

FOURTH RESPONDENT