Federal Court of Australia
Trade Practices - restrictive trade practices - application for anterlocutory injunction - alleged contract arrangement or understanding substantially lessening competition - alleged conduct by statutory corporation with virtual monopoly preventing competitive conduct among applicants - setting of killing fees for slaughter of lambs - requirement that applicants enter into agency agreements - jurisdiction to determine associated common law claim - whether
reasonable notice given to determine existing agency agreement
Trade Practices Act 1974 (Cth), ss. 4, 4F{b),45(2)(a) (21), 45(2) (b) (i2), 45A(1), 46, 46(1) (c)
Marketing of Lamb Act 1971 (W.A.),ss.15, 15(1) (h), 16, 19(1), ROSS PAYNE & CO. & OTHERS v. WESTERN AUSTRALIAN LAMB MARKETING BOARD
No. WAG 34 of 1983
Toohey J.
Perth
5 August 1983
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WAG 34 of 1983
ew
BETWEEN:
ROSS PAYNE & CO. & OTHERS
Applicants
and
WESTERN AUSTRALIAN LAMB MARKETING
BOARD Respondent ORDER
JUDGE MAKING ORDER $ Toohey J. DATE OF ORDER 2 5 August 1983 WHERE MADE 3 Perth THE COURT ORDERS THAT: 1. The application for an interlocutory injunction
1s dismissed.
2. The costs of the application are reserved.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 34 of 1983
BETWEEN:
ROSS PAYNE & CO. First Applicant
DARDANUP BUTCHERING CO. Second Applicant
J.L. GARDINER & SON Third Applicant
MANJIMUP PRODUCERS ABATTOIRS Fourth Applicant
GOODCHILD ABATTOIRS PTY. LTD. Fifth Applicant
KALGOORLIE ABATTOIRS Sixth Applicant
KOJONUP ABATTOIR Seventh Applicant
EASTERN DISTRICTS ABATTOIRS Eight Applicant
WARROGIN ABATTOIRS Ninth Applicant
ROEDIGER BROS. Tenth Applicant
MT. BARKER WHOLESALE MEATS Eleventh Applicant
V. & V. WALSH Twelfth Applicant
BUSSELTON MEATS PTY. LTD. Thirteenth Applicant
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