Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MCG Quarries Pty Ltd v Beach [2017] FCA 1601 File number(s): VID 747 of 2017
Judge(s): DAVIES J
Date of judgment: 21 December 2017
Catchwords: PRACTICE AND PROCEDURE – Application for summary judgment; where leases included a term that was alleged to contravene the Competition and Consumer Act 2010 (Cth) by preventing the applicant supplying stone to the leasee; where it was alleged that it would have been unlawful for the applicant to supply stone by reason of their planning permit and it was accordingly argued that no damage was suffered; whether utility to relief sought where respondent agreed not to enforce term in lease and amended lease to remove it; whether triable issues raised having regard to the conditions in the planning permit and leases
Legislation: Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Spencer v Commonwealth (2010) 241 CLR 118
Date of hearing: 1 December 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulatory, Competition and Access
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Mr M Martin QC
Solicitor for the Applicant: Mills Oakley
Counsel for the Respondents: Mr D Hyde and Mr A Barraclough
Solicitor for the Respondents: Rigby Cooke Lawyers
ORDERS VID 747 of 2017
BETWEEN: MCG QUARRIES PTY LTD Applicant
AND: BARBERA ANN BEACH First Respondent
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