Trade Practices Commission v Queensland Aggregates Pty Ltd & Anor [1981] FCA 35

Trade Practices Commission v Queensland Aggregates Pty Ltd & Anor [1981] FCA 35

The applicants’ claims arise from individual transactions rather than a single transaction or series; they do not satisfy Order 6 rule 2(a) and there are no sufficient grounds under Order 6 rule 2(b) to warrant joining them as respondents for the purposes sought. Their claims would more appropriately be pursued separately rather than complicating the extant proceedings.

Parties
Applicant: Trade Practices Commission; First Respondent: Queensland Aggregates Pty. Ltd.; Second Respondent: Brian White; Applicant Seeking Joinder: G.A. Ahlguist; Applicant Seeking Joinder: M.W. Hardy; Applicant Seeking Joinder: P.J. Hardy; Applicant Seeking Joinder: P.J. Coulson; Applicant Seeking Joinder: P.W. Coulson; Applicant Seeking Joinder: D.R. Tritton; Applicant Seeking Joinder: A.F. Tritton; Applicant Seeking Joinder: D.C. Stewart; Applicant Seeking Joinder: J.M. Stewart
Jurisdiction
Australia
Judgment Date
10 March 1981
Procedural Posture
Application for Joinder as Respondents in Trade Practices Proceeding / Ruling on Application for Joinder
Outcome
Application refused. Costs ordered against applicants seeking joinder.
Legal Topics
Exclusive Dealing, Joinder of Parties, Pecuniary Penalty, Injunctions
Competition Law Civil Procedure Exclusive Dealing Joinder of Parties Pecuniary Penalty Injunctions

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Parties

Trade Practices Commission

Applicant

Queensland Aggregates Pty. Ltd.

First Respondent

Brian White

Second Respondent

G.A. Ahlguist

Applicant Seeking Joinder

M.W. Hardy

Applicant Seeking Joinder

P.J. Hardy

Applicant Seeking Joinder

P.J. Coulson

Applicant Seeking Joinder

P.W. Coulson

Applicant Seeking Joinder

D.R. Tritton

Applicant Seeking Joinder

A.F. Tritton

Applicant Seeking Joinder

D.C. Stewart

Applicant Seeking Joinder

J.M. Stewart

Applicant Seeking Joinder

Procedural Posture

Application for Joinder as Respondents in Trade Practices Proceeding / Ruling on Application for Joinder

Legal Issues

  1. 1 Whether proposed applicants should be joined as respondents under Federal Court Rules to seek relief under s.87(1) Trade Practices Act 1974 for alleged loss/damage from contraventions of s.47

Ratio Decidendi

The applicants’ claims arise from individual transactions rather than a single transaction or series; they do not satisfy Order 6 rule 2(a) and there are no sufficient grounds under Order 6 rule 2(b) to warrant joining them as respondents for the purposes sought. Their claims would more appropriately be pursued separately rather than complicating the extant proceedings.

Court Disposition

Application refused. Costs ordered against applicants seeking joinder.

Orders

  • The application is refused.
  • Applicants seeking joinder are to pay the costs of the first and second respondents in the notice of motion.