Australian Automotive Repairers' Association (Political Action Committee) Inc (In liquidation) v Insurance Australia Limited [2006] FCAFC 33

FEDERAL COURT OF AUSTRALIA

Australian Automotive Repairers' Association (Political Action Committee) Inc (In liquidation) v Insurance Australia Limited [2006] FCAFC 33 TRADE PRACTICES – exclusive dealing – whether there has been a refusal to supply services EVIDENCE – exception to credibility rule NATURAL JUSTICE – procedural fairness – apprehended bias Trade Practices Act 1974 (Cth) ss 4(1), 4(2)(c), 47(1), 47(7) Evidence Act 1995 (Cth) ss 102, 103, 106 Associations Incorporation Act 1987 (WA) s 31 Re J. R. L.; Ex parte C.J.L. (1986) 161 CLR 342 AUSTRALIAN AUTOMOTIVE REPAIRERS' ASSOCIATION (POLITICAL ACTION COMMITTEE) INC (IN LIQUIDATION) & ANOR v INSURANCE AUSTRALIA LIMITED (FORMERLY NRMA INSURANCE LIMITED) ACN 000 016 722 NSD 964 OF 2004 EMMETT, ALLSOP & GRAHAM JJ 22 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 964 OF 2004

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

BETWEEN: AUSTRALIAN AUTOMOTIVE REPAIRERS' ASSOCIATION (POLITICAL ACTION COMMITTEE) INC (IN LIQUIDATION)

FIRST APPELLANT

PANEL BEATERS OF AUSTRALIA INCORPORATED

SECOND APPELLANT

AND: INSURANCE AUSTRALIA LIMITED (FORMERLY NRMA INSURANCE LIMITED) ACN 000 016 722

RESPONDENT

JUDGES: EMMETT, ALLSOP AND GRAHAM JJ

DATE OF ORDER: 22 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The Second Appellant pay the Respondent's costs of the appeal. 3. To the extent necessary the parties bring in short minutes of order dealing with the disposition of moneys held on account of security for costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 964 OF 2004