Nexans SA RCS Paris 393 525 852 v Australian Competition and Consumer Commission [2013] FCA 192

FEDERAL COURT OF AUSTRALIA

Nexans SA RCS Paris 393 525 852 v Australian Competition and Consumer Commission [2013] FCA 192 Citation: Nexans SA RCS Paris 393 525 852 v Australian Competition and Consumer Commission [2013] FCA 192

Parties: NEXANS SA RCS PARIS 393 525 852 v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, PRYSMIAN CAVI SISTEMI ENERGIA S.R.L. (FORMERLY PIRELLI CAVI E SISTEMI ENEGIA S.P.A.) and VISCAS CORPORATION ARBN 133 203 595

File number: SAD 314 of 2012

Judge: BESANKO J

Date of judgment: 7 March 2013

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory orders or to refer the application for leave to the Full Court – leave granted by primary judge to serve an originating proceeding on the applicant (second respondent in the substantive proceeding) in France – application brought pursuant to ss 24(1A) and 25(2) of the Federal Court of Australia Act 1976 (Cth) – whether respondent (applicant in the substantive proceeding) has a prima facie case for the relief claimed in the proceeding – whether applicant carrying on business in Australia – whether persons had the authority to act for or bind applicant. Held: The application for leave to appeal or for the application for leave to be referred to the Full Court is refused.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 24(1A), 25(2) Trade Practices Act 1974 (Cth) ss 4, 5(1), 45(2)(a), 45(2)(b),76, 80 Competition Codes ss 8, 45(1)(a), 45(1)(b), 76, 80 Federal Court Rules 1979 O 8 r 3, 3(2), 3(2)(c), O 9 r 7 Federal Court Rules 2011 r 1.04(3) Federal Court Amendment Rules 2010 (No. 1)