FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd [2006] FCA 1777

SUPPLEMENTARY REASONS FOR JUDGMENT

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v IPM OPERATION AND MAINTENANCE LOY YANG PTY LTD (FORMERLY KNOWN AS EDISON MISSION OPERATION AND MAINTENANCE LOY YANG PTY LTD) (ACN 055 563 696) AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

VID 79 OF 2005

YOUNG J

19 DECEMBER 2006 (SUPPLEMENTARY REASONS 16 January 2007)

MELBOURNE

THE COURT ORDERS THAT:

1.            The further hearing of the application as between the applicant and the second respondent be fixed for hearing at 9.30am on Friday 22 December 2006.

2.            The applicant file and serve written submissions concerning penalty and costs by 5.00pm on Wednesday 20 December 2006.

3.            The second respondent file and serve written submissions concerning penalty and costs by 4.00pm on Thursday 21 December 2006.

4.            The application by the applicant for relief against the first respondent be fixed for hearing at 10.15am on Friday 9 February 2007 before Tracey J.

5.            Liberty to apply is reserved to the applicant and the first respondent in relation to the proceeding as between them.

6.            The costs of all parties of the hearing this day be reserved.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

SUPPLEMENTARY REASONS FOR JUDGMENT

1                     My reasons for judgment set out the declarations and orders I was prepared to make on 19 December 2006.  In the result, after hearing submissions from the parties, I deferred the making of the declaratory and injunctive orders until I heard and determined the outstanding issues as between the ACCC and the CEPU, namely the issues of a pecuniary penalty and costs.  Accordingly, the orders I made on 19 December were as follows:

1.                  The further hearing of the application as between the applicant and the second respondent be fixed for hearing at 9.30am on Friday 22 December 2006.

2.                  The applicant file and serve written submissions concerning penalty and costs by 5.00pm on Wednesday 20 December 2006.

3.                  The second respondent file and serve written submissions concerning penalty and costs by 4.00pm on Thursday 21 December 2006.

4.                  The application by the applicant for relief against the first respondent be fixed for hearing at 10.15am on Friday 9 February 2007 before Tracey J.

5.                  Liberty to apply is reserved to the applicant and the first respondent in relation to the proceeding as between them.

6.                  The costs of all parties of the hearing this day be reserved.

Associate:

Dated:         16 January 2007