Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Obeid v Australian Competition and Consumer Commission [2014] FCAFC 155 Citation: Obeid v Australian Competition and Consumer Commission [2014] FCAFC 155
Appeal from: Obeid v Australian Competition and Consumer Commission [2014] FCA 839
Parties: MOSES EDWARD OBEID and PAUL OBEID v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION and DELIA ANN RICKARD
File number: NSD 862 of 2014
Judges: ALLSOP CJ, MANSFIELD AND MIDDLETON JJ
Date of judgment: 20 November 2014
Catchwords: TRADE PRACTICES – challenge to validity of notices issued pursuant to s 155 of the Competition and Consumer Act 2010 (Cth) – whether notices identify a matter that constitutes or may constitute a contravention of the Act –alleged anti-competitive contract, arrangement or understanding in contravention of s 45 – alleged cartel conduct under ss 44ZZRG or 44ZZRK – contract, arrangement or understanding entered into in context of the Mining Act 1992 (NSW) – definition of "services" under s 4(1) of the Competition and Consumer Act 2010 (Cth) – nature of services specified in the s 155 notices TRADE PRACTICES – definition of "services" – whether identified services conducted in trade and commerce – competitive tender process
Legislation: Competition and Consumer Act 2010 (Cth) Mining Act 1992 (NSW) Trade Practices Amendment Act 1977 (Cth)
Cases cited: Adamson v New South Wales Rugby League Limited (1991) 31 FCR 242 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Cohns Industries Pty Ltd v Deputy Federal Commissioner of Taxation (1979) 37 FLR 508 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Federal Commissioner of Taxation v St Hubert's Island Pty Ltd (In Liq) (1978) 138 CLR 210 Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 281 IW v City of Perth (1997) 191 CLR 1 Kelly v R (2004) 218 CLR 216 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 SA Brewing Holdings Ltd v Baxt (1989) 23 FCR 357 Seven Network Ltd v Australian Competition and Consumer Commission (2004) 140 FCR 170 Street v Luna Park Sydney Pty Ltd (2009) 223 FLR 245 Thiess v Collector of Customs (2014) 250 CLR 664
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