Australian Competition and Consumer Commission v April International Marketing Services Pty Ltd (No 4) [2010] FCA 16

Australian Competition and Consumer Commission v April International Marketing Services Pty Ltd (No 4) [2010] FCA 16

The Court declined to adjourn or transfer the hearing of joint application for consent orders; found no procedural or substantive impediment for the docket judge to determine the matter as agreed facts are admissible only against consenting respondents, not continuing respondents.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: April International Marketing Services Australia Pty Ltd ACN 106 134 472; Second Respondent: April Fine Paper Trading Pte Limited (Singapore); Fifth Respondent: April Management Pte Ltd (Singapore); Sixth Respondent: Kelvin Tan; Seventh Respondent: James Lo; Eighth Respondent: Dennis Lim; Ninth Respondent: Gus Choo; Eleventh Respondent: Asia Pulp & Paper Company Ltd (Singapore); Twelfth Respondent: PT Indah Kiat Pulp and Paper TBK (Indonesia); Thirteenth Respondent: Paul George; Fifteenth Respondent: Sunil Sood
Jurisdiction
Australia
Judgment Date
29 January 2010
Procedural Posture
Civil / Interlocutory Application for Consent Orders and Related Procedural Motions
Outcome
Application for adjournment declined; hearing proceeded on joint submissions for consent orders.
Legal Topics
Price Fixing, Consent Orders, Service Outside Jurisdiction, Adjournment, Settlement Procedure
Competition Law Civil Procedure Price Fixing Consent Orders Service Outside Jurisdiction Adjournment Settlement Procedure

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Parties

Australian Competition and Consumer Commission

Applicant

April International Marketing Services Australia Pty Ltd ACN 106 134 472

First Respondent

April Fine Paper Trading Pte Limited (Singapore)

Second Respondent

April Management Pte Ltd (Singapore)

Fifth Respondent

Kelvin Tan

Sixth Respondent

James Lo

Seventh Respondent

Dennis Lim

Eighth Respondent

Gus Choo

Ninth Respondent

Asia Pulp & Paper Company Ltd (Singapore)

Eleventh Respondent

PT Indah Kiat Pulp and Paper TBK (Indonesia)

Twelfth Respondent

Paul George

Thirteenth Respondent

Sunil Sood

Fifteenth Respondent

Procedural Posture

Civil / Interlocutory Application for Consent Orders and Related Procedural Motions

Legal Issues

  1. 1 Whether the Court should make consent orders notwithstanding continuing respondents
  2. 2 Whether the docket judge should hear the joint application for consent orders
  3. 3 Whether procedural fairness requires adjournment or transfer to another judge

Ratio Decidendi

The Court declined to adjourn or transfer the hearing of joint application for consent orders; found no procedural or substantive impediment for the docket judge to determine the matter as agreed facts are admissible only against consenting respondents, not continuing respondents.

Court Disposition

Application for adjournment declined; hearing proceeded on joint submissions for consent orders.

Orders

  • Declined to adjourn the hearing of the Application.
  • Permitted the Commission and April respondents to proceed with joint submissions and tender proposed orders.