Australian Competition & Consumer Commission v Boral Ltd [2004] FCA 1072

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Boral Ltd [2004] FCA 1072 PRACTICE & PROCEDURE – application for consolidation of proceedings – application to be added as a party or to be granted leave to intervene in existing proceeding – applicant prevented from independently applying for injunction by s 80(1A) of Trade Practices Act –relevance of delay in bringing applications – relevance of commercial interest in proceeding Trade Practices Act 1974 (Cth), s 80(1A) Federal Court Rules, O 29 r 5, O 6 r 8, O 6 r 17

SCI Operations Pty Ltd v Australian Paper Manufacturers Ltd (1983) ATPR 40-381 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION V BORAL LTD NO V699 OF 2004 INDEPENDENT CEMENT AND LIME PTY LTD V BORAL LTD NO V974 OF 2004 HEEREY J 16 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V699 OF 2004

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: BORAL LIMITED

ACN 008 421 761

RESPONDENT

V974 OF 2004

BETWEEN: INDEPENDENT CEMENT AND LIME PTY LTD

ACN 005 829 550

APPLICANT

AND: BORAL LIMITED

ACN 008 421 761

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 16 AUGUST 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The motion brought by Independent Cement and Lime Pty Ltd to consolidate proceedings V699 of 2004 and V974 of 2004 is dismissed. 2. The motion brought by Independent Cement and Lime Pty Ltd seeking leave to be added as a party, or leave to intervene, in proceeding V699 of 2004, is dismissed. 3. Independent Cement and Lime Pty Ltd pay the respondent's costs of both motions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.