Golden West Network Ltd v Western Australian Football League Inc [1984] FCA 281

pak

JUDGMENT No. nS). Sot

IN THE FEDERAL COURT OF AUSTRALIA ) )

WESTERN AUSTRALIA DISTRICT REGISTRY) No. WA G6l of 1984 )

GENERAL DIVISION )

BETWEEN GOLDEN WEST NETWORK LIMITED Applicant AND WESTERN AUSTRALIAN FOOTBALL LEAGUE CINC.) Respondent CORAM : Neaves J. DATE: 14 September 1984 REASONS FOR JUDGMENT NEAVES J.

On 6 September 1984 I dismissed with costs an application by Golden West Network Limited ("the applicant") for an interlocutory injunction restraining Western Australian Football League (Inc.) ("the respondent"), its servants and agents, until 30 September 1984 "from contravening section 45 of the Trade Practices Act 1974 by continuing to give effect to any contract, arrangement or understanding or series of such contracts, arrangements or understandings with the Victorian

Football League and/or Australian Television Program Sales whereby it has agreed, arranged or reached an understanding as the case may be that no television ridqhts may be sold or

supplied to a person or persons in the State of Western

Australia without the consent of the respondent to such sale

or supply". I then stated that I would give reasons for my

decision as goon as possible. I now set out those reagons.

Proceedings were commenced in this Court by the applicant against the respondent on 19 July 1984 claiming

damages pursuant to section 82, and an infunction pursuant to

sub-section 80(1). of the Trade Practices Act 1974 ("the Act"). By its statement of claim the applicant gi laqed chat if wee fhe

holder af commercial television licences for the South West,

Lower Great Southern. Upper Great Southern and part of the Midlands areas of the State of Western Australia and that it wished to acquire from Australian Television Proaram Sales ("ATPS") as agent for the Victorian Football League ("VFL") the television rights to a weekly direct telecast in the areas served by its licences of a football match played in the State of Victoria each Saturday under the auspices of the VFL and known as "The Match of the Day". It was further alleged that, in contravention of section 45 of the Act, by a contract, arrangement or understanding made between the respondent, the VFL and ATPS the parties thereto had agreed, arranged or reached an understanding that no television rights might be sold or supplied to a person or persons in the State of Western Australia without the consent of the respondent to such sale or supply and that such contract, arrangement or understanding had the purpose or effect or was likely to have the effect of