Trade Practices Commission v A.P.M. Investments Pty Ltd & Ors [1983] FCA 406

Trade Practices Commission v A.P.M. Investments Pty Ltd & Ors [1983] FCA 406

Leave to discontinue should be granted because it is not desirable to compel a party to litigate a case it reasonably considers unnecessary, even where the respondent may suffer some loss of advantage, provided appropriate terms (including costs and undertaking wording) are settled. The Court has discretion to grant leave despite some potential injustice to the respondent.

Jurisdiction
Australia
Judgment Date
22 December 1983
Procedural Posture
Practice and Procedure / Application for Leave to Discontinue Action
Outcome
Leave to discontinue granted on terms to be settled; order for costs to be made after wording of undertaking is agreed upon. No formal order made until wordings are considered.
Legal Topics
['leave to Discontinue' 'injunctions' 'discretion as to Discontinuance' 'costs' 'preservation of Advantages Gained' 'undertakings' 'section 50 Trade Practices Act 1974']
['practice and Procedure' 'trade Practices'] ['leave to Discontinue' 'injunctions' 'discretion as to Discontinuance' 'costs' 'preservation of Advantages Gained' 'undertakings' 'section 50 Trade Practices Act 1974']

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Procedural Posture

Practice and Procedure / Application for Leave to Discontinue Action

Legal Issues

  1. 1 ['Whether leave to discontinue the action should be granted and on what terms' 'Whether the respondent (APM) is entitled to additional protection as a condition of discontinuance']

Ratio Decidendi

Leave to discontinue should be granted because it is not desirable to compel a party to litigate a case it reasonably considers unnecessary, even where the respondent may suffer some loss of advantage, provided appropriate terms (including costs and undertaking wording) are settled. The Court has discretion to grant leave despite some potential injustice to the respondent.

Court Disposition

Leave to discontinue granted on terms to be settled; order for costs to be made after wording of undertaking is agreed upon. No formal order made until wordings are considered.

Orders

  • ["Applicant (TPC) to pay APM's taxed costs" 'TPC to undertake not to institute further proceedings for injunctions or otherwise seek to prevent the purchase of shares in FCL by APM (wording to be finalised)' 'Order for costs against the second to eighth respondents']