The Trade Practices Commission v Milreis Pty Ltd & Ors [1978] FCA 3

The Trade Practices Commission v Milreis Pty Ltd & Ors [1978] FCA 3

The interests of the applicant, as publisher of the Liquor Guide, are sufficiently direct and likely to be affected by the proposed consent orders enjoining defendants from receiving its publication. The Court has jurisdiction and should exercise its discretion to add the applicant as a party under Order 16 rule 4 of the High Court Rules to prevent potential injustice.

Parties
Plaintiff: THE TRADE PRACTICES COMMISSION; Defendants: MILREIS PTY. LIMITED & ORS.; Applicant/added Defendant: THOMSON PUBLICATIONS (AUSTRALIA) PTY. LIMITED
Jurisdiction
Australia
Judgment Date
16 February 1978
Procedural Posture
Application in Ongoing Proceedings / Interlocutory; Application for Joinder as Defendant
Outcome
the applicant be added as a defendant; question of costs reserved
Legal Topics
Joinder of Parties, Trade Practices Act 1974, Effects of Consent Undertakings, Standing to Be Heard/injunctions
Competition Law Civil Procedure Joinder of Parties Trade Practices Act 1974 Effects of Consent Undertakings Standing to Be Heard/injunctions

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Parties

THE TRADE PRACTICES COMMISSION

Plaintiff

MILREIS PTY. LIMITED & ORS.

Defendants

THOMSON PUBLICATIONS (AUSTRALIA) PTY. LIMITED

Applicant/added Defendant

Procedural Posture

Application in Ongoing Proceedings / Interlocutory; Application for Joinder as Defendant

Legal Issues

  1. 1 Whether the applicant Thomson Publications should be joined as a defendant in proceedings under the Trade Practices Act 1974 based on the impact of consent orders sought against other defendants on its business.
  2. 2 Whether Order 16 rule 4 of the High Court Rules empowers the Court to add an interested commercial party as a defendant.

Ratio Decidendi

The interests of the applicant, as publisher of the Liquor Guide, are sufficiently direct and likely to be affected by the proposed consent orders enjoining defendants from receiving its publication. The Court has jurisdiction and should exercise its discretion to add the applicant as a party under Order 16 rule 4 of the High Court Rules to prevent potential injustice.

Court Disposition

the applicant be added as a defendant; question of costs reserved

Orders

  • The applicant (Thomson Publications (Australia) Pty. Limited) be added as a defendant.
  • The question of costs be reserved.