Australian Competition and Consumer Commission v Original Mama's Pizza and Ribs Pty Ltd (ACN 093 465 046) [2006] FCA 302

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Original Mama's Pizza and Ribs Pty Ltd (ACN 093 465 046) [2006] FCA 302 HIGH COURT AND FEDERAL COURT – Federal Court – original jurisdiction – remedies and orders – stay of proceedings sought – multiplicity of proceedings possibly involving some common questions of fact – factors to be considered before stay granted – legitimate public interest considerations as justification for rejecting application for stay

Hughes Motor Service Pty Ltd v Wang Computer Pty Ltd (1978) 35 FLR 346 applied Sterling Pharmaceuticals Pty Ltd v The Boots Company (Australia) Pty Ltd (1992) 34 FCR 287 followed Tamas v Silver Beach Resort Pty Ltd (unreported, NSWSC, 13 July 1994) followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION and CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ORIGINAL MAMA'S PIZZA AND RIBS PTY LTD (ACN 093 465 046), GEORGE TERENCE HILDER and RICHARD SOO NSD 2333 of 2005 MADGWICK J 21 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2333 of 2005

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

FIRST APPLICANT

CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

SECOND APPLICANT

AND: THE ORIGINAL MAMA'S PIZZA AND RIBS PTY LTD

(ACN 093 465 046)

FIRST RESPONDENT

GEORGE HILDER

SECOND RESPONDENT

RICHARD SOO

THIRD RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 21 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for a stay of proceedings be rejected with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.