Tradestock Pty Ltd v T.N.T. (Management) Pty Ltd & Ors [1978] FCA 2

Tradestock Pty Ltd v T.N.T. (Management) Pty Ltd & Ors [1978] FCA 2

The new evidence establishes a high prospect that at least some of the defendants were party to and have acted in accordance with a contract, arrangement, or understanding not to deal with or through the plaintiff, contravening the Trade Practices Act 1974 both before and after its July 1977 amendment. The plaintiff's inability to provide security for costs is materially linked to the alleged contraventions. In all the circumstances, justice requires the discharge of the previous stay (security for costs) in regard to most defendants, leave for joinder of new plaintiffs and amendment of pleadings to enable all claims to proceed.

Parties
Plaintiff: Tradestock Pty. Ltd.; First Defendant: T.N.T. (Management) Pty. Ltd.; Second Defendant: I.P.E.C. Australia Ltd.; Fifth Defendant: Arsett Transport Industries (Operations) Pty. Ltd.; Sixth Defendant: Brambles Industries Limited; Seventh Defendant: Mayne Nickless Ltd.; Eighth Defendant: Young's Transport Pty. Ltd.; Twelfth Defendant: Tradex Transport Pty. Ltd.; Plaintiff (joined): William James Frewen; Plaintiff (joined): Noel Edward Stock
Jurisdiction
Australia
Judgment Date
27 January 1978
Procedural Posture
Commercial/competition Law / Interlocutory Application to Discharge/vary Order for Security for Costs; Applications for Joinder and Amendments
Outcome
Orders made: (1) Discharge of previous stay (in part); (2) Joinder of new plaintiffs; (3) Leave to amend pleadings; (4) Stay continued against certain defendants pending security payment; (5) Liberty to apply.
Legal Topics
Security for Costs, Trade Practices Act 1974, Exclusionary Provisions, Joinder of Plaintiffs, Leave to Amend Pleadings
Competition Law Commercial Law Civil Procedure Security for Costs Trade Practices Act 1974 Exclusionary Provisions Joinder of Plaintiffs Leave to Amend Pleadings

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Parties

Tradestock Pty. Ltd.

Plaintiff

T.N.T. (Management) Pty. Ltd.

First Defendant

I.P.E.C. Australia Ltd.

Second Defendant

Arsett Transport Industries (Operations) Pty. Ltd.

Fifth Defendant

Brambles Industries Limited

Sixth Defendant

Mayne Nickless Ltd.

Seventh Defendant

Young's Transport Pty. Ltd.

Eighth Defendant

Tradex Transport Pty. Ltd.

Twelfth Defendant

William James Frewen

Plaintiff (joined)

Noel Edward Stock

Plaintiff (joined)

Procedural Posture

Commercial/competition Law / Interlocutory Application to Discharge/vary Order for Security for Costs; Applications for Joinder and Amendments

Legal Issues

  1. 1 Whether the stay of proceedings should be discharged or varied in light of new evidence related to the alleged anti-competitive conduct and inability to provide security for costs.
  2. 2 Whether plaintiffs William James Frewen and Noel Edward Stock should be joined as parties.
  3. 3 Whether leave to amend the statement of claim should be granted in light of changes to the Trade Practices Act 1974.

Ratio Decidendi

The new evidence establishes a high prospect that at least some of the defendants were party to and have acted in accordance with a contract, arrangement, or understanding not to deal with or through the plaintiff, contravening the Trade Practices Act 1974 both before and after its July 1977 amendment. The plaintiff's inability to provide security for costs is materially linked to the alleged contraventions. In all the circumstances, justice requires the discharge of the previous stay (security for costs) in regard to most defendants, leave for joinder of new plaintiffs and amendment of pleadings to enable all claims to proceed.

Court Disposition

Orders made: (1) Discharge of previous stay (in part); (2) Joinder of new plaintiffs; (3) Leave to amend pleadings; (4) Stay continued against certain defendants pending security payment; (5) Liberty to apply.

Orders

  • The order made on 2 May 1977 for a stay of proceedings against the first to seventh defendants pending security for costs is discharged.
  • William James Frewen and Noel Edward Stock are joined as plaintiffs.