Australian Competition & Consumer Commission v Auspine Limited [2006] FCA 331

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Auspine Limited [2006] FCA 331

PRACTICE AND PROCEDURE – application to amend statement of claim – circumstances where particulars did not support the proposed amendment – application refused except as to one paragraph where there was no opposition to the amendment. AUSTRALIAN COMPETITION & CONSUMER COMMISSION v AUSPINE LIMITED (ACN 004 289 730) & ORS SAD 179 of 2005 LANDER J 9 MARCH 2006 PERTH (VIDEOLINK TO MELBOURNE AND ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 179 OF 2005

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: AUSPINE LIMITED (ACN 004 289 730)

FIRST RESPONDENT

FRANCIS GERALD MCDONALD

SECOND RESPONDENT

GEO J BONE & SONS PTY LTD (ACN 007 872 184)

THIRD RESPONDENT

ANDREW HOWARD BONE

FOURTH RESPONDENT

JAG TIMBER PRODUCTS PTY LTD (ACN 007 264 717)

FIFTH RESPONDENT

GARY GORDON DANIEL

SIXTH RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 9 MARCH 2006

WHERE MADE: PERTH (VIDEOLINK TO MELBOURNE AND ADELAIDE)

THE COURT ORDERS THAT: 1. Leave be given to the applicant to amend paragraph 39 of its statement of claim to include paragraphs (a) and (b) in the first and second line and the words 'or to be supplied' in the fourth line. 2. Otherwise the application to amend the statement of claim be refused. 3. The applicant pay the costs of the third, fourth, fifth and sixth respondents of this application.

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

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 179 OF 2005