In a case brought by the Australian Competition and Consumer Commission against Medibank Private to protect consumers, the ACCC is seeking special leave to appeal to the High Court the decision of the Full Federal Court on 13 September 2002 to uphold an application by Medibank Private that aspects of the ACCC's claims for remedial orders be struck out.
The decision of the Full Court, handed down in the Federal Court, Melbourne, stated that the court was persuaded by Medibank Private's arguments that certain parts of the ACCC's claims should be struck out. The decision raises important questions about the extent of powers given to the court under section 80 of the Trade Practices Act 1974.
The Full Federal Court overturned the decision of Justice Ryan who had decided on 21 March 2002, that the ACCC's claims should be allowed to proceed to trial in their entirety.
The case is being contested by Medibank Private.