Australian Competition & Consumer Commission v Global Prepaid Communications Pty Ltd [2003] FCA 1221

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Global Prepaid Communications Pty Ltd [2003] FCA 1221 Trade Practices Act 1974 (Cth) ss 51A, 75B Australian Competition & Consumer Commission v Michigan Group Pty Ltd [2002] FCA 1439 considered Australian Competition & Consumer Commission v Universal Sports Challenge Limited [2002] FCA 1276 considered King v GIO Australia Holdings Limited (2001) 184 ALR 98 considered AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GLOBAL PREPAID COMMUNICATIONS PTY LTD (ACN 095 154 108) (In Liquidation), IN TOUCH NETWORKS PTY LTD (ACN 098 279 746) (In Liquidation), NICHOLAS YATES, FRANK YATES, NICHOLAS RHODIN, DANIEL ALBERT, RUSSELL FIELDING and JOHN RHODIN N328 OF 2003 GYLES J 31 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N328 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: GLOBAL PREPAID COMMUNICATIONS PTY LTD (ACN 095 154 108) (In Liquidation)

FIRST RESPONDENT

IN TOUCH NETWORKS PTY LTD (ACN 098 279 746) (In Liquidation)

SECOND RESPONDENT

NICHOLAS YATES

THIRD RESPONDENT

FRANK YATES

FOURTH RESPONDENT

NICHOLAS RHODIN

FIFTH RESPONDENT

DANIEL ALBERT

SIXTH RESPONDENT

RUSSELL FIELDING

SEVENTH RESPONDENT

JOHN RHODIN

EIGHTH RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 31 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1 The Amended Statement of Claim be struck out. 2 The applicant be given leave to file a further statement of claim within twenty-eight days. 3 Costs of the application be the costs of the third, fourth and sixth respondents in the proceeding.