Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat & Livestock Corp & Ors [1980] FCA 45

AK CATCHWORDS

Trade Practices - Action for injunctive relief and damages - Relationship between Parts IV and X of the Trade Practices Act, 1974 - Overlap and conflict in the practical operation of the provisions of both Parts - Statutory construction - Repugnancy between general provisions of a statute and provisions dealing with a particular

subject matter.

Trade Practices Act, 1974 ss. 2A, 45(2) 45A, 45D, 45D(1A0, 46(1), 47, 51(2)(g). 76, 80, 82, 111, 112, 113, 122, 123, 124, 128, 129, 130, 140. Constitution ss. 51(i), 51(xx).

Meat Industry Act, 1964 s. 30(1).

Australian Meat and Live-stock Corporation Act, 1977 s. 14(1).

REFRIGERATED EXPRESS LINES (A/ASTA) PTY LIMITED v. AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION AND ORS.

No. G67 of 1979.

CORAM: Deane J.

Friday 11 April, 1980.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

JUDGE: DEANE J.

DATE: Friday,

PLACE: Sydney

PRELIMINARY POINT:

1(i)

NO. G67 of 1979

ed

BETWEEN: REFRIGERATED EXPRESS

LINES (A/ASIA) PTY.

LIMITED Applicant AUSTRALIAN MEAT AND

LIVE-STOCK CORPORATION & ORS.

E

Respondents.

11 April, 1980.

RULINGS :

That Part IV of the Trade Practices Act

1974 does not apply to the whole or any of the conduct on the part of the respondents alleged in the statement of claim for the reason that such conduct is conduct in the course of overseas cargo shipping engaged

in by a shipowner in pursuance of a

RULING:

PRELIMINARY POINT:

1(ii)

RULING:

PRELIMINARY POINT:

conference agreement or alternatively conference agreements within the meaning

of s.112.

My ruling on 1(ii) makes it unnecessary to

deal with this preliminary point.

Alternatively, that Part IV of the Trade Practices Act does not apply to the whole or any part of the conduct on the part of respondents alleged in the statement of claim for the reason that such conduct is conduct in relation to outwards cargo