Galati v Potato Marketing Corporation of Western Australia [2006] FCA 895

FEDERAL COURT OF AUSTRALIA

Galati v Potato Marketing Corporation of Western Australia [2006] FCA 895

PRACTICE AND PROCEDURE –strike out – no reasonable cause of action – whether it was arguable that sections of Marketing of Potatoes Act 1946 (WA) were invalid on grounds of inconsistency with s 46 of Trade Practices Act 1974 (Cth). Marketing of Potatoes Act 1946 (WA), ss 17(A)(a)-(e), 19(k)-(o), 22-32 and 40-42 Marketing of Potatoes Regulations 1987 (WA), Regs 29-38 and 58-62 Trade Practices Act 1974 (Cth), ss 46, 46(b), (c) The Constitution s 109 Bradley v The Commonwealth (1973) 128 CLR 557 Julius v Lord Bishop of Oxford 5 App Cases 214 ANTONINO Galati and galati nominees pty ltd (acn 009 320 503) v Potato Marketing Corporation of Western Australia wad 46 OF 2006 SIOPIS J 12 JULY 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 46 OF 2006

BETWEEN: ANTONINO GALATI

First Applicant

GALATI NOMINEES PTY LTD (ACN 009 320 503)

Second Applicant

AND: POTATO MARKETING CORPORATION OF WESTERN AUSTRALIA

Respondent

JUDGE: SIOPIS J

DATE OF ORDER: 12 JULY 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The respondent's notice of motion dated 3 April 2006 is dismissed. 2 The applicants have leave to amend the statement of claim in terms of the minute of further amended statement of claim dated 29 June 2006, save for the replacement of the words 'to the extent that they are inconsistent with s 46 of the TPA' in paragraph A of the prayer for relief, with the words 'because they are inconsistent with s 46 of the TPA' and the addition of those words to par 15 of the statement of claim. 3 The applicants are to pay any of the respondent's costs thrown away by the amendment of the statement of claim. 4 The revised minute of further amended statement of claim dated 12 July 2006 stand as the further amended statement of claim and service is dispensed with. 5 The respondent is to pay the applicants' cost of, and incidental to, the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA