Australian Competition and Consumer Commission v INFO4PC.com Pty Ltd [2005] FCA 1510

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v INFO4PC.com Pty Ltd [2005] FCA 1510 CONTEMPT OF COURT – erroneous inclusion of inappropriate items in bill of costs on contempt proceedings – error advised to court – no evidence of wilfulness – no contempt COSTS – whether bill of costs should be 'struck out' – no power to so act – no foundation for so acting PROCEDURE – removal of party – whether party improperly or unnecessarily joined – whether party ceased to be a proper or necessary party – prior history of proceeding over four years since joinder – circumstances in which joinder order made – effect of amended application - pleadings

Federal Court Rules O 6 r 2(a), O 6 r 2(b), O 6 r 4(1), O 6 r 8(1), O 6 r 9, O 13 r 3(1), O 62 r 46(3)

All Fasteners (WA) v Grant Caple Pty Ltd [2003] FMCA 430 referred to Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 considered Australian Competition and Consumer Commission v INFO4PC.com Pty Ltd [2001] FCA 258 referred to Australian Competition and Consumer Commission v INFO4PC.com [2002] FCA 1017 referred to Australian Competition and Consumer Commission v INFO4PC.com (2002) 121 FCR 24 referred to Australian Competition and Consumer Commission v INFO4PC.com [2003] FCA 290 referred to Australian Competition and Consumer Commission v INFO4PC.com [2003] FCA 64 referred to Australian Competition and Consumer Commission v News Corporation Ltd & Ors (1997) 79 FCR 116 referred to Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited Ogawa v University of Melbourne (No 2) [2004] FCA 1275 cited Qantas Airways Ltd v Dillingham Corporation (unreported, Supreme Court of New South Wales, Rogers J, No 16537/84, 14 May 1987) cited Singleton v Macquarie Broadcasting Holdings Ltd (1991) 24 NSWLR 103 referred to Vandervell Trustees Ltd v White [1971]AC 912 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v INFO4PC.COM PTY LTD and JAMES HAMILTON RAE SAD 17 of 2001 NICHOLSON J 26 OCTOBER 2005 PERTH