Australian Competition & Consumer Commission v Black on White Pty Ltd [2004] FCA 363

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Black on White Pty Ltd [2004] FCA 363 BANKRUPTCY – trade practices – previous declaration that the third respondent was knowingly concerned in or a party to contraventions of the Trade Practices Act 974 (Cth) by the first respondent – third respondent ordered to pay $14,844.22 – scope of the Federal Court's power to set aside judgments of the Court – whether the "claims" against the third respondent in respect of which judgments had been given were "matters" provable in his bankruptcy pursuant to s 82(1) of the Bankruptcy Act 1966 (Cth) – whether claims for damages under subss 87(1A) and (1B) of the Trade Practices Act 1974 (Cth) are in the nature of unliquidated damages arising otherwise than by reason of a contract, promise or breach of trust

Bankruptcy Act 1966 (Cth) s 82 Trade Practices Act 1974 (Cth) subss 87(1A) and (1B), ss 52, 51AB, Part IV Federal Court Rules, O 35 r 2, O 35 r 7(2) Taylor v Taylor (1979) 25 ALR 418 referred to Cameron v Cole (1944) 68 CLR 571 referred to Wentworth v Rogers (No 9) (1987) 8 NSWLR 388 referred to Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 referred to Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 referred to Capital Webbworks Pty Ltd v Adultshop.com.limited (2002) 116 FCR 255 cited Marks v GIO Australia (1998) 196 CLR 494 cited Wardley Australia Limited v Western Australia (1992) 175 CLR 514 cited Australian Competition and Consumer Commission v Kritharas (2000) 105 FCR 444 considered Australian Competition and Consumer Commission v Top Snack Foods Pty Ltd (1999) ATPR 41-708 considered Fielding v Vagrand Pty Ltd (In liq) (1992) 39 FCR 251 referred to CCA Systems Pty Ltd v Communications & Peripherals (Australia) Pty Ltd (1989) 15 ACLR 720 cited Reid v Interarch Australia Pty Limited [2000] FCA 1328 cited Re NIAA Corporation Ltd (in liq) (unreported, Supreme Court, NSW, McLelland CJ, No 4480 of 1994, 2 December 1994) cited Vagrand Pty Ltd (In liq) v Fielding (1993) 41 FCR 550 cited