FEDERAL COURT OF AUSTRALIA
Wright Rubber Products Pty Ltd v Bayer AG (No 2) [2009] FCA 1317
PRACTICE AND PROCEDURE – Motion to strike-out pleading under O 11 r 16 of the Federal Court Rules – Level of precision at which group member definitions must be pleaded in group actions – Level of precision at which a “market” must be pleaded in actions arising under the Trade Practices Act 1974 (Cth) – Whether a global market can include a market in Australia for the purposes of the Trade Practices Act 1974 (Cth)
Federal Court Rules O 11 r 16
Federal Court of Australia Act 1976 (Cth) ss 33H, 33J
Trade Practices Act 1974 (Cth) ss 4D, 4E, 45(2)(a), 45(2)(b), 45(3), 45A, 75BAuskay International Manufacturing & Trade Pty Ltd v Qantas Airways Ltd (2008) 251 ALR 166, referred to
Australian Competition and Consumer Commission v April Marketing Services Australia Pty Ltd [2007] FCA 2024, referred to
Australian Competition and Consumer Commission v Qantas Airways Ltd (2008) 253 ALR 89, referred to
Bruce v Odhams Press Ltd [1936] 1 KB 697, cited
Charlie Carter Pty Ltd v The Shop, Distributive and Allied Employees’ Association (WA) (1987) 13 FCR 413, cited
Dare v Pulham (1982) 148 CLR 658, cited
Dey v Victorian Railways Commissioners (1949) 78 CLR 62, cited
Emirates v Australian Competition and Consumer Commission (2009) 255 ALR 35, cited
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125, cited
HECEC Australia Pty Ltd v Hydro-Electric Corp [1999] FCA 822, cited
Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 569, referred to
Kernel Holdings Pty Ltd v Rothmans of Pall Mall (Australia) Pty Ltd [1991] FCA 557, cited
McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409, cited
Mitanis v Pioneer Concrete (Vic) Pty Ltd [1997] ATPR 41-591, cited
Riverstone Computer Services Pty Ltd v IBM Global Financing Australia Ltd [2002] FCA 1608, considered
Singapore Airlines Ltd v Australian Competition and Consumer Commission (2009) 260 ALR 244, referred to
State of Queensland v Pioneer Concrete (Qld) Pty Ltd [1999] FCA 499, cited
Trade Practices Commission v David Jones (Australia) Pty Ltd (1985) 7 FCR 109, cited
Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 2) (1979) 26 ALR 609, referred to
Universal Music Australia Pty Ltd v Australian Competition and Consumer Commission (2003) 131 FCR 529, cited
Webster v Lampard (1993) 177 CLR 598, cited
Wright Rubber Products Pty Ltd v Bayer AG [2008] FCA 1510, referred toWRIGHT RUBBER PRODUCTS PTY LTD (ACN 075 384 100) v BAYER AG, BAYER AUSTRALIA LTD (ACN 000 138 714), CHEMTURA CORPORATION, CROMPTON MANUFACTURING COMPANY, INC and CHEMTURA AUSTRALIA PTY LTD (ACN 005 225 507)
VID 882 of 2007
TRACEY J
13 NOVEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 882 of 2007
GENERAL DIVISION
BETWEEN: WRIGHT RUBBER PRODUCTS…
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- Case
- [2009] FCA 1317
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were centred on the admissibility and sufficiency of the evidence provided by the plaintiff in support of its claim. The court had to determine whether the amended statement of claim was supported by the evidence provided and whether it disclosed a reasonable cause of action against the defendants. Additionally, the court considered whether the plaintiff had complied with the procedural requirements of the court in filing its amended statement of claim.
The court found that the amended statement of claim was not supported by the evidence provided and did not disclose a reasonable cause of action against the defendants. The court held that the plaintiff had failed to provide sufficient evidence to establish the alleged anti-competitive conduct and that the amended statement of claim was insufficiently particularised. The court further found that the plaintiff had not complied with the procedural requirements of the court in filing its amended statement of claim. As a result, the court struck out the amended statement of claim and ordered the plaintiff to pay the costs of the strike out application incurred by the first, second, third and fifth respondents.
Orders
Orders of the court
1. The amended statement of claim be struck out.
2. The applicant pay the first, second, third and fifth respondents’ costs of the strike out application.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: TRACEY J
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