Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd [2007] FCA 2024

Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd [2007] FCA 2024

The Court found the pleading, though complex, sufficiently identifies conduct and links it to relevant parties so as to allow Mr George and other respondents to understand and respond; the use of the group device does not render it defective, nor does the generality of the pleading or lack of particulars warrant striking out. The question of extra-territorial reach of s 6(2)(b) is not manifestly bad and should be determined in the ordinary course.

Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Civil / Interlocutory (strike Out Application)
Outcome
Application to strike out the further amended statement of claim dismissed
Legal Topics
['pleading Requirements' 'cartel Conduct' 'agency' 'accessorial Liability' 'extra Territorial Operation']
['competition Law' 'commercial Law'] ['pleading Requirements' 'cartel Conduct' 'agency' 'accessorial Liability' 'extra Territorial Operation']

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Procedural Posture

Civil / Interlocutory (strike Out Application)

Legal Issues

  1. 1 ["Whether pleading using 'group device' is sufficiently precise" 'Whether allegations of agency and accessorial liability are adequately pleaded' 'Whether material facts have been properly pleaded rather than mere conclusions' 'Whether conduct outside Australia can be captured by s 6(2)(b) of Trade Practices Act 1974 (Cth)']

Ratio Decidendi

The Court found the pleading, though complex, sufficiently identifies conduct and links it to relevant parties so as to allow Mr George and other respondents to understand and respond; the use of the group device does not render it defective, nor does the generality of the pleading or lack of particulars warrant striking out. The question of extra-territorial reach of s 6(2)(b) is not manifestly bad and should be determined in the ordinary course.

Court Disposition

Application to strike out the further amended statement of claim dismissed

Orders

  • ['The application to strike out is dismissed.' 'Time extended for any application for leave to appeal until 4pm on 1 February 2008.' "Applicant to pay the thirteenth respondent's costs of the motion to strike out the amended statement of claim up to the date of filing of the further amended statement of claim."...