Justice Heerey in the Federal Court, Melbourne today adjourned the trial of the Australian Competition and Consumer Commission’s proceedings against Boral Limited, concerning Boral's takeover bid for Adelaide Brighton Limited.
The ACCC did not support Boral's application for an adjournment.
ACCC Chairman, Mr Graeme Samuel, said that he was surprised that the ACCC received yesterday's late application from Boral to have the start of the case postponed, because the ACCC was in a position to open its case on Monday.
When the ACCC began its action against Boral on 8 June 2004, counsel for Boral said that they "would move heaven and earth" to ensure that that the hearing could begin at the earliest opportunity. On 29 June 2004 the case was fixed for hearing commencing 30 August 2004.
The ACCC has been mindful of the court's concern that this matter be run expeditiously, and has consequently devoted the resources required to be in a position to present its case starting 30 August 2004.