Australian Competition & Consumer Commission v Amcor Printing Papers Group Ltd [1999] FCA 533

Australian Competition & Consumer Commission v Amcor Printing Papers Group Ltd [1999] FCA 533

Leave should be granted to file the further amended statement of claim because the second draft statement properly pleads the necessary elements of knowing involvement in Amcor's alleged contravention and the applicant is entitled to rely on all matters of evidence or inference available. The applicant should bear the bulk of Mr Roach’s costs due to procedural defects in pleadings.

Jurisdiction
Australia
Judgment Date
30 April 1999
Procedural Posture
Civil / Application for Leave to Amend Statement of Claim and Costs Orders
Outcome
Motion to strike out dismissed; leave granted to file further amended statement of claim; costs orders against applicant
Legal Topics
['exclusionary Provisions' 'pleading Amendments' 'knowledge of Contravention' 'costs']
['competition Law'] ['exclusionary Provisions' 'pleading Amendments' 'knowledge of Contravention' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Application for Leave to Amend Statement of Claim and Costs Orders

Legal Issues

  1. 1 ['Whether leave should be granted to amend statement of claim alleging contravening exclusionary provision under s 45 of the Trade Practices Act 1974 (Cth)' 'Whether costs should be awarded against the applicant due to defective pleadings']

Ratio Decidendi

Leave should be granted to file the further amended statement of claim because the second draft statement properly pleads the necessary elements of knowing involvement in Amcor's alleged contravention and the applicant is entitled to rely on all matters of evidence or inference available. The applicant should bear the bulk of Mr Roach’s costs due to procedural defects in pleadings.

Court Disposition

Motion to strike out dismissed; leave granted to file further amended statement of claim; costs orders against applicant

Orders

  • ['The motion filed on 26 March 1999 by Amcor, Mr Nott and Mr Roach be dismissed.' "The ACCC be given leave to file a further amended statement of claim in or substantially in the form of the pleading annexed to the ACCC's motion filed on 28 April 1999." "The ACCC pay seventy-five per cent of Mr Roach's costs of the...