Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd

1. The applicant's amended statement of claim be struck out.

2. The applicant have leave to file and serve on each of the first three respondents by 31 July 1998 an amended pleading raising a claim for damages under s 82 the Trade Practices Act 1974 (Cth) in respect of the respondents' alleged contraventions of s 45 of that Act which gives effect to these reasons.

3. The fourth respondent have liberty to apply within seven days to argue that the applicant should not be at liberty to deliver an amended pleading of the kind referred to in Order 2 against it.

4. In the absence of application by the fourth respondent under Order 3, the applicant have leave to file and serve on that respondent after 3 July 1998 an amended pleading raising a claim for damages under s 82 the Trade Practices Act 1974 (Cth) in respect of the respondents' alleged contraventions of s 45 of that Act which gives effect to these reasons.