Trade Practices Commission v. George Weston Foods Ltd & Ors [1979] FCA 57

Trade Practices Commission v. George Weston Foods Ltd & Ors [1979] FCA 57

Paragraphs 13 and 15 of the statement of claim are embarrassing and should be struck out, with leave to amend, since they conflate acts occurring before and after 1 July 1977 (the commencement of Trade Practices Amendment Act 1977 and new s.45), and fail to clearly relate each act or omission to the specific statutory provision contravened. The plaintiff is required to give such particulars as it can of the arrangement or understanding, but discovery and interrogation will not be ordered in a pecuniary penalty proceeding.

Parties
Plaintiff: Trade Practices Commission; First Defendant: George Weston Foods Limited; Second Defendant: Allied Mills Industries Pty. Limited; Third Defendant: L.A. Coggan & Son Pty. Limited; Fourth Defendant: James Murray Ogilvie; Fifth Defendant: Isabel Margaret Ogilvie; Sixth Defendant: Jon Frederick Dallas
Jurisdiction
Australia
Judgment Date
01 June 1979
Procedural Posture
Application in Civil Proceeding (striking Out/particulars) / Interlocutory (reasons for Judgment on Applications for Strikeout, Particulars, Directions)
Outcome
Application partially granted; paragraphs 13 and 15 struck out with leave to amend; particulars ordered where appropriate; costs awarded as specified.
Legal Topics
Pleadings, Particulars, Strike Out Application, Arrangement or Understanding in Restraint of Trade, Pecuniary Penalties, Trade Practices Act S.45
Competition Law Pleadings Particulars Strike Out Application Arrangement or Understanding in Restraint of Trade Pecuniary Penalties Trade Practices Act S.45

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Parties

Trade Practices Commission

Plaintiff

George Weston Foods Limited

First Defendant

Allied Mills Industries Pty. Limited

Second Defendant

L.A. Coggan & Son Pty. Limited

Third Defendant

James Murray Ogilvie

Fourth Defendant

Isabel Margaret Ogilvie

Fifth Defendant

Jon Frederick Dallas

Sixth Defendant

Procedural Posture

Application in Civil Proceeding (striking Out/particulars) / Interlocutory (reasons for Judgment on Applications for Strikeout, Particulars, Directions)

Legal Issues

  1. 1 Whether paragraphs 13 and 15 of the statement of claim should be struck out as embarrassing or prejudicial
  2. 2 Whether plaintiff should provide further and better particulars of the alleged arrangement or understanding
  3. 3 Whether orders for discovery or interrogation should be made where a pecuniary penalty is sought

Ratio Decidendi

Paragraphs 13 and 15 of the statement of claim are embarrassing and should be struck out, with leave to amend, since they conflate acts occurring before and after 1 July 1977 (the commencement of Trade Practices Amendment Act 1977 and new s.45), and fail to clearly relate each act or omission to the specific statutory provision contravened. The plaintiff is required to give such particulars as it can of the arrangement or understanding, but discovery and interrogation will not be ordered in a pecuniary penalty proceeding.

Court Disposition

Application partially granted; paragraphs 13 and 15 struck out with leave to amend; particulars ordered where appropriate; costs awarded as specified.

Orders

  • Paragraphs 13 and 15 of the statement of claim struck out with leave to amend within 14 days.
  • Plaintiff to provide such further and better particulars as it is able of the relevant allegations within 21 days of the defence.