Rural Export & Trading (WA) Pty Ltd v Hahnheuser [2008] FCAFC 156

FEDERAL COURT OF AUSTRALIA

Rural Export & Trading (WA) Pty Ltd v Hahnheuser [2008] FCAFC 156 TRADE PRACTICES – Trade Practices Act 1974 (Cth), s 45DB(1) boycotts affecting trade or commerce – concerted interference with trade or commerce involving the movement of goods between Australia and places outside Australia –exemption from liability where dominant purpose substantially related to environmental protection – deliberate contamination of feed for sheep intended for live export – export of all sheep delayed and export of some sheep prevented – whether primary judge correct in finding that s 45DD(3) applied to exempt perpetrator from liability – whether conduct intended to protect sheep from perceived suffering during live export on ship had "dominant purpose…substantially related to environmental protection" – whether onus of proving or negating dominant purpose borne by party alleging contravention of general provision or on party alleging existence of dominant purpose Held: Appealallowed – protection of sheep from harm during voyage from Australia to overseas not capable of being environmental protection or substantiallyrelated to environmental protection – observations on onus of proof of purpose under s 45DD(3)

WORDS AND PHRASES – "environment", "environmental protection" Acts Interpretation Act 1901 (Cth) ss 15AB(2)(e) Trade Practices Act 1974 (Cth) ss 45DB, 45DD sub-ss (3), (6), (7), (8) Export Control (Animals) Orders O 8, 10A

Ahern v The Queen (1988) 165 CLR 87 followed Liversidge v Anderson [1942] AC 206 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 followed Queensland v Murphy (1990) 95 ALR 493; (1990) 64 ALJR 593 considered Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2007) 243 ALR 356 reversed Vines v Djordjevitch (1955) 91 CLR 512 followed RURAL EXPORT & TRADING (WA) PTY LTD and SAMEX AUSTRALIAN MEAT CO PTY v RALPH HAHNHEUSER