Australian Competition and Consumer Commission v BlueScope Steel Limited (No 7) [2023] FCA 1140

Australian Competition and Consumer Commission v BlueScope Steel Limited (No 7) [2023] FCA 1140

It was appropriate to correct the judgment and orders dated 29 August 2023 under r 39.05 because the ACCC had not sought, and had not applied to seek, a pecuniary penalty against Mr Ellis in respect of the OneSteel conduct; had that matter been brought to the Court's attention, no such penalty would have been imposed. It was also appropriate to correct the typographical error in orders 2(g) and 3(g) by substituting 10 September 2013 for 10 September 2014.

Jurisdiction
Australia
Judgment Date
25 September 2023
Procedural Posture
Application to Vary Orders Under R 39.05 of the Federal Court Rules 2011 (cth) / After Judgment and Orders Made on 29 August 2023
Outcome
Orders varied under r 39.05 of the Federal Court Rules 2011 (Cth).
Legal Topics
['slip Rule' 'variation of Entered Orders' 'pecuniary Penalties' 'cartel Conduct' 'typographical Error']
['practice and Procedure' 'competition and Consumer Law'] ['slip Rule' 'variation of Entered Orders' 'pecuniary Penalties' 'cartel Conduct' 'typographical Error']

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Procedural Posture

Application to Vary Orders Under R 39.05 of the Federal Court Rules 2011 (cth) / After Judgment and Orders Made on 29 August 2023

Legal Issues

  1. 1 ['Whether order 5 of the orders made on 29 August 2023 should be varied under r 39.05 of the Federal Court Rules 2011 (Cth) to remove the pecuniary penalty imposed on Mr Ellis in respect of the OneSteel conduct.' 'Whether orders 2(g) and 3(g) of the orders made on 29 August 2023 should be varied to substitute the date 10 September 2013 for 10 September 2014.']

Ratio Decidendi

It was appropriate to correct the judgment and orders dated 29 August 2023 under r 39.05 because the ACCC had not sought, and had not applied to seek, a pecuniary penalty against Mr Ellis in respect of the OneSteel conduct; had that matter been brought to the Court's attention, no such penalty would have been imposed. It was also appropriate to correct the typographical error in orders 2(g) and 3(g) by substituting 10 September 2013 for 10 September 2014.

Court Disposition

Orders varied under r 39.05 of the Federal Court Rules 2011 (Cth).

Orders

  • ['Pursuant to r 39.05 of the Federal Court Rules 2011 (Cth), order 5 of the orders of the Court made on 29 August 2023 be varied so as to provide that Ellis pay to the Commonwealth of Australia pecuniary penalties totalling $500,000 in respect of the attempts to induce contraventions of s 44ZZRJ of the CCA referred...