Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 9) [2015] FCA 623

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 9) [2015] FCA 623 Citation: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 9) [2015] FCA 623

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PRYSMIAN CAVI E SISTEMI ENERGIA S.R.L. (FORMERLY PIRELLI CAVI E SISTEMI ENERGIA S.P.A.) and NEXANS SA RCS PARIS 393 525 852

File number: SAD 145 of 2009

Judge: BESANKO J

Date of judgment: 22 June 2015

Catchwords: PRACTICE AND PROCEDURE – application for leave to administer interrogatories to the respondents – where the interrogatories sought to ascertain whether the named individuals were employed by the respondents and certain details related to their employment – where the interrogatories were targeted, related to an important issue and were not burdensome or oppressive – where there was no reason to infer that the delay in making the application was deliberate – Federal Court Rules 2011 (Cth) r 21.01. PRACTICE AND PROCEDURE – application for leave to amend the Amended Statement of Claim – where the amendments to the Amended Statement of Claim sought to clarify that the applicant's case was not restricted to an allegation that the named individuals were employees of the respondents – where the respondents had notice that the applicant's case was that the named individuals were employees or agents of the respondents. Held: The respondents provide written answers to the interrogatories within seven days. Leave granted to amend the Amended Statement of Claim.