Jones v Australian Competition and Consumer Commission [2003] FCAFC 164

FEDERAL COURT OF AUSTRALIA

Jones v Australian Competition and Consumer Commission [2003] FCAFC 164

TRADE PRACTICES – authorisation under s 88 of the Trade Practices Act 1974 – authorisation sought by x for y to act as contemplated by pars 88(1)(a) and (b) – not authorised by s 88. Trade Practices Act 1974 (Cth) Part IV, ss 45, 88, 90 Broiler Chicken Industry Act 1978 (Vic) Broiler Chicken Regulations 1992 (Vic) Re John Dee (Export) Pty Limited (1989) 87 ALR 321 referred to Re Applications by Australian Performing Rights Association (1999) ATPR 41-701 referred to ACCC v SIP Australia Pty Limited [2002] FCA 824 referred to South Sydney District Rugby League Football Club Ltd v News Ltd (1999) 169 ALR 120; (2000) 177 ALR 611; (2001) 111 FCR 456 referred to ACCC v Visy Paper Pty Limited (2000) 186 ALR 731 referred to ACCC v Visy Paper Pty Limited (2001) 112 FCR 37 referred to Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 referred to Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to CHRISTOPHER JAMES JONES v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION AND ANOR V 598 of 2002 WILCOX, COOPER & ALLSOP JJ 5 AUGUST 2003 SYDNEY (Heard in Melbourne)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY V 598 of 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CHRISTOPHER JAMES JONES (as President of The Victorian Farmers Federation Chicken Meat Group)

APPELLANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

FIRST RESPONDENT

A & G MARVEN PTY LTD ACN 005 541 748

(formerly known as MARVEN POULTRY PTY LTD)

SECOND RESPONDENT

JUDGES: WILCOX, COOPER & ALLSOP JJ

DATE OF ORDER: 5 AUGUST 2003