Trade Practices Commission v Leslievale Pty Ltd & Ors [1986] FCA 70

Trade Practices Commission v Leslievale Pty Ltd & Ors [1986] FCA 70

Applicant is not entitled to obtain further and better particulars from respondents as to the content of meetings or conversations, even where the occurrence is admitted but the content is denied; exceptions only in minor respects, as admitted by one respondent during hearing.

Parties
Applicant: Trade Practices Commission; First Respondent: Leslievale Pty. Limited; Second Respondent: Bowstrom Pty. Limited; Third Respondent: Axpress Pty. Limited; Fourth Respondent: Mobil Oil Australia Limited; Fifth Respondent: Thomas Henry Little; Sixth Respondent: Vincent John Smith; Seventh Respondent: Keith Leslie Schulte; Eighth Respondent: David Franklin Newman
Jurisdiction
Australia
Judgment Date
11 March 1986
Procedural Posture
Application for Further and Better Particulars in Proceedings for Pecuniary Penalties and Injunctions / Interlocutory (application for Particulars Decided)
Outcome
Applications for further and better particulars dismissed, subject to applicant being entitled to particular points from the fourth respondent as conceded in hearing. Order for costs made.
Legal Topics
Particulars of Pleading, Trade Practices Act Penalties, Admissibility of Evidence, Pecuniary Penalties, Order for Costs
Trade Practices Civil Procedure Particulars of Pleading Trade Practices Act Penalties Admissibility of Evidence Pecuniary Penalties Order for Costs

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Parties

Trade Practices Commission

Applicant

Leslievale Pty. Limited

First Respondent

Bowstrom Pty. Limited

Second Respondent

Axpress Pty. Limited

Third Respondent

Mobil Oil Australia Limited

Fourth Respondent

Thomas Henry Little

Fifth Respondent

Vincent John Smith

Sixth Respondent

Keith Leslie Schulte

Seventh Respondent

David Franklin Newman

Eighth Respondent

Procedural Posture

Application for Further and Better Particulars in Proceedings for Pecuniary Penalties and Injunctions / Interlocutory (application for Particulars Decided)

Legal Issues

  1. 1 Whether applicant entitled to further and better particulars from respondents regarding content of conversations/meetings where occurrence is admitted but content is denied or non-admitted;
  2. 2 Practice regarding orders for particulars where respondents admit occurrence but not content;
  3. 3 Appropriateness of ordering particulars when onus remains on applicant

Ratio Decidendi

Applicant is not entitled to obtain further and better particulars from respondents as to the content of meetings or conversations, even where the occurrence is admitted but the content is denied; exceptions only in minor respects, as admitted by one respondent during hearing.

Court Disposition

Applications for further and better particulars dismissed, subject to applicant being entitled to particular points from the fourth respondent as conceded in hearing. Order for costs made.

Orders

  • The fourth respondent pay to the applicant one-half of the applicant's taxed costs of this notice of motion.
  • The applicant's request for particulars be refused.