Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 6) [2013] FCA 1002

Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 6) [2013] FCA 1002

The applicant had a prima facie case against the second respondent as previously found, and the impugned paragraphs of the statement of claim were not fundamentally defective. The complaints about paragraphs 15, 16, 18, 19 and 35 were rejected; paragraph 2.11 required particulars of medium, high and extra high voltage cables; and paragraphs 3.2 and 3.3 required appropriate cross-references to paragraph 48. Subject to those matters, leave to file and serve the proposed amended statement of claim was granted.

Jurisdiction
Australia
Judgment Date
04 October 2013
Procedural Posture
Practice and Procedure Application in a Civil Penal Competition Proceeding / Interlocutory Applications by the Second Respondent to Strike Out the Statement of Claim or Specified Paragraphs and by the Applicant for Leave to File and Serve an Amended Statement of Claim
Outcome
Leave to file and serve the proposed amended statement of claim granted subject to the provision of particulars in paragraph 2.11 and appropriate cross-references in paragraphs 3.2 and 3.3; parties to be heard as to other orders and costs.
Legal Topics
['strike Out of Pleadings' 'leave to Amend Statement of Claim' 'particulars' 'civil Penalty Pleadings' 'prima Facie Case' 'discovery']
['practice and Procedure' 'competition and Consumer Law'] ['strike Out of Pleadings' 'leave to Amend Statement of Claim' 'particulars' 'civil Penalty Pleadings' 'prima Facie Case' 'discovery']

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Procedural Posture

Practice and Procedure Application in a Civil Penal Competition Proceeding / Interlocutory Applications by the Second Respondent to Strike Out the Statement of Claim or Specified Paragraphs and by the Applicant for Leave to File and Serve an Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the applicant had a prima facie case against the second respondent' 'Whether the statement of claim or specified paragraphs were fundamentally defective' 'Whether leave should be granted to file and serve the proposed amended statement of claim' 'Whether further particulars or cross-references were required for specified paragraphs']

Ratio Decidendi

The applicant had a prima facie case against the second respondent as previously found, and the impugned paragraphs of the statement of claim were not fundamentally defective. The complaints about paragraphs 15, 16, 18, 19 and 35 were rejected; paragraph 2.11 required particulars of medium, high and extra high voltage cables; and paragraphs 3.2 and 3.3 required appropriate cross-references to paragraph 48. Subject to those matters, leave to file and serve the proposed amended statement of claim was granted.

Court Disposition

Leave to file and serve the proposed amended statement of claim granted subject to the provision of particulars in paragraph 2.11 and appropriate cross-references in paragraphs 3.2 and 3.3; parties to be heard as to other orders and costs.

Orders

  • ['The applicant bring in draft minutes of order reflecting the conclusions in these reasons.']