Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390 PRACTICE AND PROCEDURE – application under O 22 r 4 of the Federal Court Rules for leave to withdraw an admission made in a defence of an implied representation – underlying facts would have to be proved in any event – no significant detriment or prejudice Trade Practices Act 1974 (Cth) ss 45E, 76 and 80 Federal Court Rules O 22 r 4 Centrestate Exports Pty Ltd v Amarantos Shipping Co Ltd [2005] SASC 158 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, BOVIS LEND LEASE LIMITED ACN 000 098 162, DAVID NOONAN AND LASLO LANCSAR No NSD 1611 of 2006

FINN J

3 SEPTEMBER 2007

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY NSD 1611 OF 2006

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

BOVIS LEND LEASE LIMITED ACN 000 098 162

Second Respondent

DAVID NOONAN

Third Respondent

LASLO LANCSAR

Fourth Respondent

JUDGE: FINN J

DATE OF ORDER: 3 SEPTEMBER 2007

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. The Fourth Respondent has leave to amend para 33 of his Further Amended Defence to read: "The Fourth Respondent is not in a position to know and does not admit the first two paragraphs of paragraph 36 of the further amended statement of claim but does admit the words to the effect of those particularised except that he does not admit that the words were said in a private meeting." Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA