Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toll Holdings Ltd v Australian Competition and Consumer Commission [2009] FCA 462
TRADE PRACTICES – undertaking to Australian Competition and Consumer Commission – undertaking in connection with restructure of business – undertaking not to "share" employees with or "second" employees to a specified company – whether labour hire agreement, whereby employees of subsidiary of company giving undertaking worked for specified company, gave rise to sharing or secondment of employees – principles of construction of undertaking WORDS AND PHRASES – "share" – "second" Trade Practices Act 1974 (Cth), ss 50, 87B, 87B(2) Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth), s 39B Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB(1) 15AB(3), 46(1)(a) Australian Petroleum Pty Limited v Australian Competition and Consumer Commission (1997) 73 FCR 75 cited TOLL HOLDINGS LTD (ACN 006 592 089) and TOLL PERSONNEL PTY LTD (ACN 110 880 503) v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
VID 425 of 2008
GRAY J
11 MAY 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 425 of 2008
BETWEEN: TOLL HOLDINGS LTD (ACN 006 592 089)
First Applicant
TOLL PERSONNEL PTY LTD (ACN 110 880 503)
Second Applicant
AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Respondent
JUDGE: GRAY J
DATE OF ORDER: 11 MAY 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicants pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 425 of 2008
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