Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mt Romance Australia Pty Ltd v Forest Products Commission [2010] FCA 761 Citation: Mt Romance Australia Pty Ltd v Forest Products Commission [2010] FCA 761
Parties: MT ROMANCE AUSTRALIA PTY LTD (ACN 060 122 698) v FOREST PRODUCTS COMMISSION
File number: WAD 69 of 2009
Judge: GILMOUR J
Date of judgment: 21 July 2010
Catchwords: PRACTICE & PROCEDURE – application for leave to discontinue proceedings – no reasonable prospect of success – application for leave dismissed – substantive application dismissed. COSTS – award on solicitor and client or indemnity basis – where applicant seeks leave to discontinue proceedings – whether action commenced or continued where no prospect of success. TRADE PRACTICES – application for damages and injunctive relief for alleged misuse of market power under s 46 of the Trade Practices Act.
Legislation: Trade Practices Act 1974 (Cth) s 46, 52, 80, 82, 87 Forest Products Act 2000 (WA)
Cases cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 referred to Boral Besser Masonry Ltd v Australian Competition and Consumer Commission (2003) 215 CLR 374 referred to Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited Cook v Pasminco Ltd (No 2) (2000) 107 FCR 44 cited Covell Matthews & Partners v French Wools Ltd [1977] 1 WLR 876 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 applied Hamod v State of New South Wales (2002) 188 ALR 659 referred to J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers, Western Australian Branch (No 2) (1993) 46 IR 301 cited O'Neil v Mann [2000] FCA 1680 cited Queensland Wire Industries Pty Ltd v Broken Hill Pty Co Ltd (1989) 167 CLR 177 referred to Rural Press Ltd v ACCC (2002) 118 FCR 236 discussed Szencorp Pty Ltd v Clean Energy Council Limited (No 2) [2009] FCA 196 referred to Universal Music Australia Pty Ltd v Australian Competition and Consumer Commission (2003) 131 FCR 529 cited Vasram v AMP Life Ltd[2002] FCA 1286 cited Yates Property Corp Pty Ltd v Boland (2000) 179 ALR 664
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