The Broken Hill Proprietary Co Ltd v. The T.P.T; Trade Practices Commissoion & Wylie Steel Pty Ltd [1980] FCA 111

CATCHWORDS Trade Practices - Conditional contract for acquisition of shares - Authorization granted by Commission - Completion of acquisition in acordance with authorization - Application to

Tribunal to review - Whether any "matter" to review - Whether

acquisition deferred by sub-ss.50(4) and (5) - Effect of sub-s.88(9) - Whether applicant for review had "sufficient interest" - Powers of Tribunal on review - Application to

Court under s.163A. .

Trade Practices Act 1974, ss.50, 88, 101, 102 and 163A.

THE BROKEN HILL PROPRIETARY COMPANY LIMITED v. THE TRADE PRACTICES TRIBUNAL; THE TRADE PRACTICES COMMISSION; and WYLIE STEEL PTY. LTD.

No. N.S.W. G30 of 1980

Coram: Bowen C.J., Franki and Brennan JJ.

Sydney

14 August 1980.

IN THE FEDERAL COURT OF AUSTRALIA) )

NEW SOUTH WALES DISTRICT REGISTRY) No. NSW G30 of 1980 ) GENERAL DIVISION ) BETWEEN :

THE BROKEN HILL PROPRIETARY COMPANY LIMITED

Applicant

AND:

: THE TRADE PRACTICES TRIBUNAL; _THE TRADE PRACTICES COMMISSION; _and WYLIE STEEL PTY. LTD.

Respondents ORDER JUDGES MAKING ORDER: Bowen C.J., Franki and Brennan JJ. DATE OF ORDER: 14 August 1980. WHERE MADE: Sydney.

THE COURT ORDERS AND DECLARES THAT:

l. The acquisition in December 1979 by the Applicant of certain shares in the capital of John Lysaght (Australia) Limited and B.H.P.- G.K.N. Holdings Limited -

(a) was carried out in accordance with the authorization granted by the Trade Practices Commission on 3

December 1979 pursuant to sub-s.88(9) of the Trade

Practices Act 1974 in respect of the then proposed

acquisition of the said shares; and

(b) was thereby an acquisition which did not infringe the

provisions of s.50 of the Trade Practices Act 1974.

The decision of the Honourable Mr. Justice Lockhart (Deputy President), J.A.F. Shipton, Esquire, and Professor Brunt (Members) constituting the Trade Practices Tribunal delivered on 23 March 1980 that it had jurisdaction under