Tytel Pty Ltd & Ors v. Australian Telecommunication Commission [1988] FCA 29

Tytel Pty Ltd & Ors v. Australian Telecommunication Commission [1988] FCA 29

The further amended statement of claim did not disclose a cause of action against Standard Telephones and Cables Pty Limited. The chain of circumstances pleaded showed that both Telecom and STC knew the telephones were manufactured in Japan, that Telecom set the price, and there is no allegation that STC participated in forming the pricing policy or deceived anyone other than Telecom, which itself was not misled. Accordingly, the requirements for aiding and abetting, or being knowingly concerned under s. 75B, were not met, and joinder was not warranted.

Parties
Applicants: TYTEL PTY LIMITED and ORS.; Respondent: AUSTRALIAN TELECOMMUNICATIONS COMMISSION; Proposed Respondent: Standard Telephones and Cables Pty Limited
Jurisdiction
Australia
Judgment Date
12 February 1988
Procedural Posture
Motion / Interlocutory, Application to Join Additional Respondent
Outcome
Motion to join Standard Telephones and Cables Pty Limited dismissed.
Legal Topics
Joinder of Parties, Aiding and Abetting Under Trade Practices Act, Misleading or Deceptive Conduct, Market Control/monopolization, Application of Customs Duty in Pricing
Practice and Procedure Competition Law Consumer Law Telecommunications Law Joinder of Parties Aiding and Abetting Under Trade Practices Act Misleading or Deceptive Conduct Market Control/monopolization +1 more

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Parties

TYTEL PTY LIMITED and ORS.

Applicants

AUSTRALIAN TELECOMMUNICATIONS COMMISSION

Respondent

Standard Telephones and Cables Pty Limited

Proposed Respondent

Procedural Posture

Motion / Interlocutory, Application to Join Additional Respondent

Legal Issues

  1. 1 Whether Standard Telephones and Cables Pty Limited should be joined as a respondent.
  2. 2 Whether the further amended statement of claim discloses a cause of action against Standard Telephones and Cables Pty Limited.
  3. 3 What principles govern the exercise of discretion to permit joinder of a party under Federal Court Rules Order 6, rule 8.

Ratio Decidendi

The further amended statement of claim did not disclose a cause of action against Standard Telephones and Cables Pty Limited. The chain of circumstances pleaded showed that both Telecom and STC knew the telephones were manufactured in Japan, that Telecom set the price, and there is no allegation that STC participated in forming the pricing policy or deceived anyone other than Telecom, which itself was not misled. Accordingly, the requirements for aiding and abetting, or being knowingly concerned under s. 75B, were not met, and joinder was not warranted.

Court Disposition

Motion to join Standard Telephones and Cables Pty Limited dismissed.

Orders

  • The applicants' notice of motion of 22 May 1987 be dismissed.
  • The applicants pay to Standard Telephones and Cables Pty Limited its costs thereof.