Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2005] FCA 153

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2005] FCA 153 PROCEDURE – discovery – orders for discovery – compliance with orders – self-executing order made that in the event of continued non-compliance the respondents' defence be struck out and matter proceed to trial on affidavit evidence or judgment be given – whether there has been continued non-compliance – whether self-executing order takes effect

Statutes Corporations Act 2001 (Cth) s 471B Trade Practices Act 1974 (Cth)

Cases Re Jokai Tea Holdings Ltd [1993] 1 All ER 630 followed Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381referred to

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DATALINE.NET.AU PTY LTD, AUSTRALIS INTERNET PTY LTD, WORLD PUBLISHING SYSTEMS PTY LTD, JOHN LYNDEN RUSSELL, NEALE FRANCIS BANKS, JEFFERSON LITCHFIELD and SARA MARY MOORE

QUD 277 of 2001

KIEFEL J

BRISBANE

3 MARCH 2005

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 277 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: DATALINE.NET.AU PTY LTD

(ACN 075 400 529)

FIRST RESPONDENT

AUSTRALIS INTERNET PTY LTD

(ACN 090 539 432)

SECOND RESPONDENT

WORLD PUBLISHING SYSTEMS PTY LTD

(ACN 075 141 007)

THIRD RESPONDENT

JOHN LYNDEN RUSSELL

FOURTH RESPONDENT

NEALE FRANCIS BANKS

FIFTH RESPONDENT

JEFFERSON LITCHFIELD

SIXTH RESPONDENT

SARA MARY MOORE

SEVENTH RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 3 MARCH 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The applicant have leave to proceed against the second respondent on the amended notice of motion filed on 11 October 2004 pursuant to s 471B of the Corporations Act 2001 (Cth). THE COURT DECLARES THAT: 2. The defence of the first, second, third, fourth and seventh respondents filed on 3 May 2002 be struck out in consequence of the failure of those respondents to comply with the orders of 25 September 2003. THE COURT FURTHER ORDERS THAT: 3. The hearing of the application for judgment in accordance with O 35A r 3(2)(c) of the Federal Court Rules be adjourned to a date to be fixed. 4. The first, second, third, fourth and seventh respondents pay the applicant's costs, including any reserved costs, of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.