Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390

Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390

Leave to withdraw the admission was granted because the admission concerned an asserted characterisation of what was said, the primary facts on which the implication was said to arise would in any event have to be proved by the ACCC, and no significant detriment or prejudice would be occasioned by the withdrawal; in those circumstances the interests of justice favoured permitting the amendment.

Jurisdiction
Australia
Judgment Date
03 September 2007
Procedural Posture
Application Under O 22 R 4 of the Federal Court Rules for Leave to Withdraw an Admission Made in a Defence / Interlocutory Application for Leave to Amend Further Amended Defence
Outcome
Application granted; the Fourth Respondent was given leave to amend paragraph 33 of his Further Amended Defence.
Legal Topics
['withdrawal of Admissions' 'amendment of Defence' 'trade Practices Act Contravention' 'implied Representation']
['practice and Procedure' 'competition and Consumer Law'] ['withdrawal of Admissions' 'amendment of Defence' 'trade Practices Act Contravention' 'implied Representation']

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Procedural Posture

Application Under O 22 R 4 of the Federal Court Rules for Leave to Withdraw an Admission Made in a Defence / Interlocutory Application for Leave to Amend Further Amended Defence

Legal Issues

  1. 1 ['Whether the Fourth Respondent should be granted leave under O 22 r 4 of the Federal Court Rules to withdraw an admission of an implied representation made in his Further Amended Defence.' 'Whether withdrawal of the admission would cause significant detriment or prejudice to the ACCC.']

Ratio Decidendi

Leave to withdraw the admission was granted because the admission concerned an asserted characterisation of what was said, the primary facts on which the implication was said to arise would in any event have to be proved by the ACCC, and no significant detriment or prejudice would be occasioned by the withdrawal; in those circumstances the interests of justice favoured permitting the amendment.

Court Disposition

Application granted; the Fourth Respondent was given leave to amend paragraph 33 of his Further Amended Defence.

Orders

  • ['The Fourth Respondent has leave to amend para 33 of his Further Amended Defence to read: "The Fourth Respondent is not in a position to know and does not admit the first two paragraphs of paragraph 36 of the further amended statement of claim but does admit the words to the effect of those particularised except...