Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - s.46 Trade Practices Act - application for interlocutory injunction - Railways Commission with effective statutory monopoly for transport of goods in regulated
geographical areas - Transport Act 1966 - price competition by Commission in non-regulated areas - predatory pricing - abuse of monopoly power - whether Crown instrumentality - whether threshold
question - extent of Ministerial control - Government Railways Act (WA) 1904-1982 - serious question to be tried - balance of
convenience —- third party rights.
Trade Practices Act 1974 s.46
Transport Act 1966 (WA) Government Railways Act 1904 (WA)
Bullock v The Federated Furnishing Trades Society of Australasia (1985) 5 FCR 464 at 472
bradken Consolidated Limited v The Broken Hill Proprietary Company Limited (1979) 145 CLR 107 Hughes v Western Australian Cricket Association (Ine) {1986] ATPR
40-676 Murphy v Lush (1986) 60 ALJR 523
Crouch v Commissioner for Railways (Qld) (1985) 62 ALR 1
Townsville Hospitals Board v Council of the City of Townsville (1982) 149 CLR 282, 288
Re Australian Performing Right Association Limited's Reference: Re
Australian Broadcasting Commission (1982) 45 ALR 153, 158 Springdale Comfort Pty Ltd v E ectrical Trades Union of Workers
(WA Branch) Perth [1986] ATPR 40-694 at 47,623 Re_ Queensland Co-Operative Milling Association Limited (1976) 25
FLR 169 Re Tooth & Co. Limited and Tooheys Limited (1979) 39 FLR 1 at 39
WAG 126 OF 1986 OD TRANSPORT PTY LTD v THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS COMMISSION
FRENCH J. PERTH 24 DECEMBER 1986
Suchen Q Se MEA
IN THE FEDERAS, COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 126 of 1986 BETWEEN: OD TRANSPORT PTY LTD
Applicant and
THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS COMMISSION
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 24 December 1986
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