Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2005] FCA 1109

Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2005] FCA 1109

The potential prejudice to Baxter of removing the appeal from the November sittings outweighed the inconvenience to the Commission, particularly since competent junior or other available senior counsel could be briefed, and the Federal Court Rules favour early listing of appeals. Accordingly, the application to adjourn was dismissed.

Jurisdiction
Australia
Judgment Date
12 August 2005
Procedural Posture
Appeal / Interlocutory Application Regarding Listing of Appeal
Outcome
Application dismissed
Legal Topics
['trade Practices Act 1974 (cth)' 's 46 Misuse of Market Power' 's 47 Exclusive Dealing' 'crown Immunity' 'appellate Procedure']
['competition Law'] ['trade Practices Act 1974 (cth)' 's 46 Misuse of Market Power' 's 47 Exclusive Dealing' 'crown Immunity' 'appellate Procedure']

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Procedural Posture

Appeal / Interlocutory Application Regarding Listing of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be removed from the November 2005 Full Federal Court sittings and relisted for February 2006' 'Balance of prejudice between parties if the listing is altered' "Relevance of preferred senior counsel's unavailability to interlocutory scheduling"]

Ratio Decidendi

The potential prejudice to Baxter of removing the appeal from the November sittings outweighed the inconvenience to the Commission, particularly since competent junior or other available senior counsel could be briefed, and the Federal Court Rules favour early listing of appeals. Accordingly, the application to adjourn was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application for orders removing the appeal from the Full Federal Court list for the sittings commencing 31 October 2005 and listing the appeal for February 2006 is dismissed.' 'Costs of the application are costs in the appeal.']