Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No 3) [2014] FCA 1268

Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No 3) [2014] FCA 1268

As the respondents themselves introduced evidence and arguments about market circumstances and prices in the post-2006 period and because the applicant's affidavits are responsive and of at least some relevance, the affidavits in reply should be admitted. However, the subpoena to Sunstate Cement Ltd is set aside...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 November 2014
Procedural Posture
Civil / Interlocutory Application Prior to Pecuniary Penalty Hearing
Outcome
Affidavits in reply admitted into evidence; subpoena to Sunstate set aside as oppressive; alternative directions for production of report by Sunstate; costs reserved.
Legal Topics
['admission of Evidence' 'setting Aside Subpoena' 'pecuniary Penalty Proceedings' 'practice and Procedure Under Competition and Consumer Act' 'market Power and Contravention Findings']
['competition Law' 'civil Procedure'] ['admission of Evidence' 'setting Aside Subpoena' 'pecuniary Penalty Proceedings' 'practice and Procedure Under Competition and Consumer Act' 'market Power and Contravention Findings']

Source-derived case record

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Procedural Posture

Civil / Interlocutory Application Prior to Pecuniary Penalty Hearing

Legal Issues

  1. 1 ['Whether reply affidavits filed by the applicant should be admitted into evidence in the penalty hearing' 'Whether the subpoena issued to Sunstate Cement Ltd should be set aside on grounds including oppression']

Ratio Decidendi

As the respondents themselves introduced evidence and arguments about market circumstances and prices in the post-2006 period and because the applicant's affidavits are responsive and of at least some relevance, the affidavits in reply should be admitted. However, the subpoena to Sunstate Cement Ltd is set aside because it is oppressive, though Sunstate is to provide an alternative form of relevant information via a report.

Court Disposition

Affidavits in reply admitted into evidence; subpoena to Sunstate set aside as oppressive; alternative directions for production of report by Sunstate; costs reserved.

Orders

  • ['Pursuant to ss 17 and 23 of the Federal Court of Australia Act 1976 (Cth) and r 1.32 of the Federal Court Rules 2011, reasons for judgment in support of orders made on 21, 25 and 26 November 2014 are published and pronounced from Chambers without further convening the parties.' "The costs of and incidental to the...