Village Building Company Limited v Canberra International Airport Pty Limited & Ors [2003] FCA 1195

FEDERAL COURT OF AUSTRALIA

Village Building Company Limited v Canberra International Airport Pty Limited & Ors [2003] FCA 1195 PRACTICE AND PROCEDURE – Federal Court Rules – application for separate trial of questions of law – s 52 of Trade Practices Act 1974 (Cth) – whether "carrying on a business" and "in trade or commerce" – whether just and convenient to make an order under O 29 r 2.

Trade Practices Act 1974 (Cth), s 52 Federal Court Rules, O 29 r 2 Olbers v Commonwealth of Australia (No 3) [2003] FCA 651 applied Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718 applied Robin Pty Ltd v Canberra International Airport Pty Ltd (2001) 179 ALR 449 cited THE VILLAGE BUILDING COMPANY LIMITED ACN 056 509 025 v CANBERRA INTERNATIONAL AIRPORT PTY LIMITED ABN 14 080 361548, AIRSERVICES AUSTRALIA A59 OF 2002 FINN J 29 OCTOBER 2003 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A59 OF 2002

BETWEEN: THE VILLAGE BUILDING COMPANY LIMITED

ACN 056 509 025

APPLICANT

AND: CANBERRA INTERNATIONAL AIRPORT PTY LIMITED ABN 14 080 361548

FIRST RESPONDENT

AIRSERVICES AUSTRALIA

SECOND RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 29 OCTOBER 2003

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. On the First Respondent's notice of motion, the question whether the conduct complained of in paragraphs 13, 15, 17A and 18 of the Further Amended Statement of Claim was in trade or commerce be decided separately and before the trial of any other question in this proceeding (other than those questions ordered to be tried separately by order 1 of the Orders of 29 August 2003 and by these orders). 2. On the Second Respondent's notice of motion, the question whether the conduct complained of in paragraph 23 of the Further Amended Statement of Claim was in trade or commerce be decided separately and before the trial of any other question in this proceeding (other than those questions ordered to be decided separately by order 1 of the orders of 29 August 2003 and by these orders). 3. Costs of the separate motions be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.