Trade Practices Commission v. George Weston Foods Ltd & Ors [1980] FCA 36

Trade Practices Commission v. George Weston Foods Ltd & Ors [1980] FCA 36

The proper practice in judge-alone trials is, subject to the court’s discretion, to require the defendants to elect whether or not to call evidence before a submission of no case to answer is entertained; in the present case, justice will best be done by requiring such an election.

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: John Frederick Dallas
Jurisdiction
Australia
Judgment Date
11 March 1980
Procedural Posture
Civil / Ruling on Submission of No Case to Answer During Trial
Outcome
Defendants are required to elect whether or not to call evidence before moving a submission of no case to answer.
Legal Topics
Practice and Procedure, Submission of No Case to Answer, Section 45 Trade Practices Act, Election to Call Evidence
Competition Law Practice and Procedure Submission of No Case to Answer Section 45 Trade Practices Act Election to Call Evidence

Case Brief

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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

John Frederick Dallas

Sixth Defendant

Procedural Posture

Civil / Ruling on Submission of No Case to Answer During Trial

Legal Issues

  1. 1 Whether the defendants should be required to elect not to call evidence before moving that there is no case to answer
  2. 2 Appropriate practice for submissions of no case to answer in judge-alone trials

Ratio Decidendi

The proper practice in judge-alone trials is, subject to the court’s discretion, to require the defendants to elect whether or not to call evidence before a submission of no case to answer is entertained; in the present case, justice will best be done by requiring such an election.

Court Disposition

Defendants are required to elect whether or not to call evidence before moving a submission of no case to answer.

Orders

  • Defendants to elect whether or not to call evidence.