Australian Competition & Consumer Commission v Emerald Ocean Distributors Pty Ltd [2004] FCA 949

Australian Competition & Consumer Commission v Emerald Ocean Distributors Pty Ltd [2004] FCA 949

Leave to appeal was refused as the decision to permit amendment was not attended with sufficient doubt nor would any substantial injustice result if leave were refused. The issues raised by the respondents could be addressed in an appeal against final judgment if necessary.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Application for Leave to Appeal (interlocutory) / Interlocutory Application (motion for Leave to Appeal)
Outcome
Motion for leave to appeal dismissed with costs.
Legal Topics
['amendment of Pleadings' 'leave to Appeal' 'interlocutory Orders' 'trade Practices Act' 'misleading or Deceptive Conduct']
['competition Law' 'consumer Law' 'civil Procedure'] ['amendment of Pleadings' 'leave to Appeal' 'interlocutory Orders' 'trade Practices Act' 'misleading or Deceptive Conduct']

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Procedural Posture

Application for Leave to Appeal (interlocutory) / Interlocutory Application (motion for Leave to Appeal)

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from an interlocutory order permitting amendment of the application.' 'Whether the amendments and procedure adopted accorded with the Trade Practices Act 1974 (Cth).' 'Whether any substantial injustice or sufficient doubt attended the primary decision.']

Ratio Decidendi

Leave to appeal was refused as the decision to permit amendment was not attended with sufficient doubt nor would any substantial injustice result if leave were refused. The issues raised by the respondents could be addressed in an appeal against final judgment if necessary.

Court Disposition

Motion for leave to appeal dismissed with costs.

Orders

  • ['The motion, notice of which was filed on 8 April 2004, be dismissed.' "The respondents (applicants in the motion) pay the applicant's costs of the motion."]