Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v PRK Corporation Limited [2008] FCA 403
PRACTICE AND PROCEDURE – motions to strike out statement of claim pleading contravention of s 45(2) of the Trade Practices Act 1974 (Cth) – whether question of law should be determined on a strike out application – whether statement of claim pleads all material facts
Trade Practices Act 1974 (Cth), ss 4, 45(2) Federal Court Rules, O 11 r 16
Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd [2004] FCA 1678 cited Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241 cited Morgan v Union Shipping (Nz) Ltd [2001] NSWSC 325 cited Rural Press Ltd v Australian Competition and Consumer Commission (2002) 118 FCR 236 referred to Tradestock Pty Ltd v TNT (Management) Pty Ltd (1978) 32 FLR 420 cited Yorke v Lucas (1985) 158 CLR 661 cited
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PRK CORPORATION LIMITED (FORMERLY KNOWN AS TOLL (PRK) LIMITED) & ORS NSD 1703 OF 2007
SACKVILLE J
28 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1703 OF 2007
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: PRK CORPORATION LIMITED (FORMERLY KNOWN AS TOLL (PRK) LIMITED AND ALSO FORMERLY KNOWN AS PATRICK CORPORATION LIMITED AND AS LANG CORPORATION LIMITED)
(ACN 008 660 124)
First Respondent
PATRICK STEVEDORES HOLDINGS PTY LTD
(ACN 060 462 919)
Second Respondent
PATRICK STEVEDORES OPERATIONS PTY LTD
(ACN 065 375 840)
Third Respondent
PATRICK STEVEDORES OPERATIONS NO 2 PTY LTD (ACN 056 292 687)
Fourth Respondent
PLZEN PTY LTD
(ACN 065 905 571)
Fifth Respondent
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