Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Emerald Ocean Distributors Pty Ltd [2004] FCA 303
PROCEDURE – application to further re-amend application – proposed deletion of application for order for refund of monies paid by members of the public – proposed substitution of order for making of findings of fact pursuant to s 83 of the Trade Practices Act 1974 (Cth) – no findings yet made of contravening conduct – no application presently made for compensation orders – no present evidence of third party consents – leave granted to amend application Trade Practices Act 1974 (Cth) ss 80, 83, 87(1A), 87(1B) Medibank Private Ltd v Cassidy (2002) 124 FCR 40 cited Henderson v Henderson [1843-60] All ER 378 cited Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd (1998) 84 FCR 512 cited Australian Competition & Consumer Commission v Shell Company of Australia Ltd (1997) 72 FCR 386 cited Jones v Sterling [1982] 63 FLR 216 cited Australian Competition & Consumer Commission v Health Partners Incorporated (1998) ATPR 41-604 cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION v EMERALD OCEAN DISTRIBUTORS PTY LTD and SLENDERTONE HEALTH & BEAUTY PTY LTD and SEAN O'DONOGHUE; EMERALD OCEAN DISTRIBUTORS PTY LTD and SLENDERTONE HEALTH & BEAUTY PTY LTD and SEAN O'DONOGHUE v BIO-MEDICAL RESEARCH LIMITED W118 of 2000 RD NICHOLSON J 23 MARCH 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W118 OF 2000
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: EMERALD OCEAN DISTRIBUTORS PTY LTD
AND: FIRST RESPONDENT
SLENDERTONE HEALTH & BEAUTY PTY LTD
SECOND RESPONDENT
SEAN O'DONOGHUE
THIRD RESPONDENT
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