Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McHugh v Australian Jockey Club Limited [2014] FCAFC 45 Citation: McHugh v Australian Jockey Club Limited [2014] FCAFC 45
Appeal from: McHugh v Australian Jockey Club Limited (No 13) [2012] FCA 1441
Parties: BRUCE MCHUGH v AUSTRALIAN JOCKEY CLUB LIMITED, VICTORIA RACING CLUB LIMITED, AUSTRALIAN RACING BOARD LIMITED, THOROUGHBRED BREEDERS AUSTRALIA LIMITED and AUSTRALIAN TURF CLUB LIMITED
File number: NSD 455 of 2013
Judges: PERRAM, GRIFFITHS AND WHITE JJ
Date of judgment: 17 April 2014
Catchwords: TRADE AND COMMERCE – restraint of trade – reasonableness of restraint when imposed – onus of showing restraint no more than reasonably necessary – whether trial judge reversed onus of proof – whether evidence adduced by respondent at trial discharged onus
Cases cited: Adamson v New South Wales Rugby League Ltd (1991) 31 FCR 242 cited Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288 cited Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd [1968] AC 269 cited Haynes v Doman [1899] 2 Ch 13 cited Herbert Morris Ltd v Saxelby [1916] 1 AC 688 cited Lindner v Murdock's Garage (1950) 83 CLR 628 cited Nordenfelt v Maxim Nordenfelt Guns and Ammunition Company Ltd [1894] AC 535 cited Rannie v Irvine (1844) 7 Man & G 969; 135 ER 393 applied Sargent v ASL Developments Ltd (1974) 131 CLR 634 cited
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