IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 315 OF 2002

BETWEEN:

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND:

LEAHY PETROLEUM PTY LTD

FIRST RESPONDENT

LEAHY PETROLEUM - RETAIL PTY LTD

SECOND RESPONDENT

TRITON 2001 PTY LTD

THIRD RESPONDENT

J. CHISHOLM PTY LTD

FOURTH RESPONDENT

JUSTCO PTY LTD

FIFTH RESPONDENT

APCO SERVICE STATIONS PTY LTD

SIXTH RESPONDENT

BRUMAR (VIC) PTY LTD (IN LIQUIDATION)

SEVENTH RESPONDENT

JOHN ROBERT GOURLEY

EIGHTH RESPONDENT

ROBERT ANDREW LEVICK

NINTH RESPONDENT

ROBIN HERBERT PALMER

TENTH RESPONDENT

ANTHONY BRIAN ROSENOW

ELEVENTH RESPONDENT

JUSTIN MATTHEW BENTLEY

TWELFTH RESPONDENT

PETER JOSEPH ANDERSON

THIRTEENTH RESPONDENT

GARRY VICTOR DALTON

FOURTEENTH RESPONDENT

CAVALLO VOLANTE PTY LTD (FORMERLY KNOWN AS BALGEE OIL PTY LTD) (SUBJECT TO DEED OF COMPANY ARRANGEMENT)

FIFTEENTH RESPONDENT

PETER ROBERT MULLER

SIXTEENTH RESPONDENT

JUDGE:

MERKEL J

DATE:

17 MARCH 2005

PLACE:

MELBOURNE

Counsel for the Applicant:

Mr JWK Burnside QC with

Ms EA Strong SC

Solicitor for the Applicant:

Australian Government Solicitor

Counsel for the Third Respondents:

Mr R Kendall QC with

Mr AK Panna

Solicitor for the Third Respondents:

Macpherson & Kelley

Counsel for the Sixth and Thirteenth Respondents:

Mr MA Dreyfus QC with

Mr SG O’Bryan SC

Solicitor for the Sixth and Thirteenth Respondents:

Alan Williamson

Counsel for the Seventh Respondents:

Mr PJ Cosgrave

Solicitor for the Seventh Respondents:

Griffith Hack

For the Eleventh Respondent:

Appeared in person

Counsel for the Fourteenth Respondent:

Mr NJ O’Bryan SC (Appearing as pro bono counsel)

Solicitor for the Fourteenth Respondent:

Davies Collison Cave

Counsel for the Fifteenth Respondent:

Mr PJ Riordan SC

Solicitor for the Fifteenth Respondent:

Minter Ellison

Dates of Hearing:

7 and 8 March 2005

Date of Judgment:

17 March 2005

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum of the Honourable Justice Merkel.