Australian Competition and Consumer Commission v Yellow Page Marketing BV [2011] FCA 226

Australian Competition and Consumer Commission v Yellow Page Marketing BV [2011] FCA 226

Leave to amend the application was granted because the proposed changes were of sufficient utility, raised no new allegations of fact, caused no prejudice to non-participating respondents, and relied on existing factual matters.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Yellow Page Marketing BV; Second Respondent: Yellow Publishing Ltd
Jurisdiction
Australia
Judgment Date
08 March 2011
Procedural Posture
Application for Leave to Amend / Interlocutory Hearing on Amendment Application
Outcome
Leave to amend application granted
Legal Topics
Leave to Amend Application, Injunctions, Relief Sought Under the Competition and Consumer Act 2010
Competition and Consumer Law Leave to Amend Application Injunctions Relief Sought Under the Competition and Consumer Act 2010

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Parties

Australian Competition and Consumer Commission

Applicant

Yellow Page Marketing BV

First Respondent

Yellow Publishing Ltd

Second Respondent

Procedural Posture

Application for Leave to Amend / Interlocutory Hearing on Amendment Application

Legal Issues

  1. 1 Whether the Applicant should be granted leave to file and serve an amended application seeking additional relief including injunctions and the delivery up of cheques.

Ratio Decidendi

Leave to amend the application was granted because the proposed changes were of sufficient utility, raised no new allegations of fact, caused no prejudice to non-participating respondents, and relied on existing factual matters.

Court Disposition

Leave to amend application granted

Orders

  • The applicant has leave to file and serve an amended application in the form of the proposed amended application in Exhibit DJM1 to the affidavit of Mr Daniel John Marquet sworn 14 February 2011.
  • The applicant file and serve the amended application by 6:00 pm on 8 March 2011, such service to be effected in accordance with paragraph 1 of the Orders of 3 February 2011.