ACCC v SIP Australia Pty Limited [2000] FCA 1476

ACCC v SIP Australia Pty Limited [2000] FCA 1476

Because the Court did not yet have a sufficient understanding of the manner in which the first, second and third respondents wished to put their no case submission, it was appropriate to adopt the second Protean course: allow the submission to be made without putting them to an election at that stage, while reserving whether to require an election and whether to rule on the submission until after hearing the submission and any response.

Jurisdiction
Australia
Judgment Date
18 October 2000
Procedural Posture
Federal Court Civil Proceeding / Ruling During Trial After the Applicant Closed Its Case on Whether the First, Second and Third Respondents Could Make a Submission of No Case to Answer Without Being Put to an Election
Outcome
The first, second and third respondents were allowed to make their submission of no case to answer without being put to an election at that stage; the Court reserved its decision on whether an election would be required and on the ruling on the submission.
Legal Topics
['submission of No Case to Answer' 'election Whether to Call Evidence' 'trial Procedure']
['civil Procedure'] ['submission of No Case to Answer' 'election Whether to Call Evidence' 'trial Procedure']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding / Ruling During Trial After the Applicant Closed Its Case on Whether the First, Second and Third Respondents Could Make a Submission of No Case to Answer Without Being Put to an Election

Legal Issues

  1. 1 ['Whether the first, second and third respondents should be required to elect whether they would call evidence before making a submission of no case to answer.' "Whether the Court should hear the submission of no case to answer and defer deciding whether an election is required until after hearing the submission and the applicant's response."]

Ratio Decidendi

Because the Court did not yet have a sufficient understanding of the manner in which the first, second and third respondents wished to put their no case submission, it was appropriate to adopt the second Protean course: allow the submission to be made without putting them to an election at that stage, while reserving whether to require an election and whether to rule on the submission until after hearing the submission and any response.

Court Disposition

The first, second and third respondents were allowed to make their submission of no case to answer without being put to an election at that stage; the Court reserved its decision on whether an election would be required and on the ruling on the submission.

Orders

  • ['The respondents may make their submission of no case to answer.' 'The applicant may make any response to the submission.' 'Decision is reserved on whether the respondents must elect whether they will call any evidence as a prerequisite to making the submission.' 'Ruling on the submission is reserved until after...