Australian Competition and Consumer Commission v BMW (Australia) Limited (No. 2) [2003] FCA 864

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v BMW (Australia) Limited (No. 2) [2003] FCA 864 PRACTICE AND PROCEDURE – stay – application to a single judge – principles to be applied

Trade Practices Act 1974 (Cth) ss 65C(1), 65C(2), 65E(1)

Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 referred to Australian Workers' Union v Pilkington (Aust) Ltd (2000) 101 FCR 35 approved CSR Ltd v Cigna Insurance Australia Ltd (1996) 70 ALJR 565 referred to J C Scott Constructions v Mermaid Waters Tavern Pty Ltd (No. 1) [1983] 2 Qd R 243 cited Jennings Constructions Limited v Burgundy Royale Investments Proprietary Limited [No. 1] (1986) 161 CLR 681 cited Marconi's Wireless Telegraph Company Limited v The Commonwealth [No.3] (1913) 16 CLR 384 followed Philip Morris (Australia) Ltd v Nixon [1999] FCA 1281 followed Wilson v Church (No.2) (1879) 12 Ch D 454 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BMW (AUSTRALIA) LIMITED V 746 of 2002 FINKELSTEIN J 4 AUGUST 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 746 of 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: BMW (AUSTRALIA) LTD

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 4 AUGUST 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The orders made by Justice Marshall on 16 July 2003 in proceeding V 746 of 2002 be amended in accordance with the draft amendments submitted today in court.

2. The execution of orders 3, 4 and 5 of the said orders be stayed pending the determination of the appeal.

3. The costs of this application be costs in the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.