FEDERAL COURT OF AUSTRALIA
ACCC v Michigan Group Pty Ltd [2001] FCA 1631
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MICHIGAN GROUP PTY LTD (ACN 065 378 029), RODNEY MONTAGUE LASKI, CHARLES CAMERON, IMOBILIARE PTY LTD (ACN 063 501 208), PETER SEMOS, GEORGE SEMOS, DARYL FRANCIS DOHERTY, YEPPOON PTY LTD (ACN 081 944 112), LINDA CAROL MORETTO AND PROSPERO FRANZESE
Q 105 OF 2000
DOWSETT J
19 OCTOBER 2001
BRISBANE
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IN THE FEDERAL COURT OF AUSTRALIA |
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Q 105 OF 2000 |
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
1 Although I consider that it is highly arguable that the case as pleaded and particularised will fail, that assessment is dependent upon my view of the inferences available from alleged facts. I consider it would be potentially embarrassing in the conduct of the trial to uphold the motion at this stage. It would not be possible for any appeal from such a decision to be heard and determined before the trial of the balance of the proceedings. If such an appeal were successful, the applicant would be compelled to pursue the tenth respondent in a separate hearing.
2 This difficulty is, as far as I can see, entirely attributable to the fact that the present motion is brought at a very late stage. It is, I think, inappropriate that it be entertained, and in those circumstances, I exercise my discretion against granting the relief claimed.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. |
Associate:
Dated: 19 November 2001
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Counsel for the Applicant: |
Mr A Duffy |
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Solicitor for the Applicant: |
Corrs Chambers Westgarth |
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Counsel for the Respondent: |
Mr T Sullivan |
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Solicitor for the Respondent: |
Ebsworth & Ebsworth |
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Dates of Hearing: |
16 & 19 October 2001 |
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Date of Judgment: |
19 October 2001 |
