OD Transport Pty Ltd v. The W.A. Government Railways Commission [1987] FCA 97

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Judgement No. Th aves

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TRADE PRACTICES - power of Federal Court to accept undertakings -

applications for injunctions and damages - alleged contravention of s.46 - grain transport services - alleged predatory pricing by State Government Rallways Commission —- motion for order

discontinuing application on mutual undertakings by parties -

undertakings reflecting anti-competitive agreement - limits on power to accept undertakings ~ discretion to reject in public interest - request for restriction of publication of parties to

grain transport contract - request rejected.

Trade Practices Act 1974 s.46, s.80

Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CER 150.

Trade Practices Commission v Milreis Pty Ltd (No.2) (1978) 32 FLR Visy Board Pty [td v Trade Practices Commission [1984] ATPR 40-435 Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat and Live-Stock Corporation (No.2) (1980) 44 FLR 455

Water Conservation and Irrigation Commission (NSW) v Browning (1974) 74 CLR 492

Murphyores Incorporated Pty Ltd v The Commonwealth (1976) 136 CLR

WAG 126 of 1986

OD TRANSPORT PTY LTD v THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS COMMISSION

FRENCH J. PERTH 10 March 1987

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

eee eee eer

Ko. WAG 126 of 1986 BETWEERN : OD TPAMSPORT PTY LTD Applicant

and

THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS COMMISSION

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: FRENCH J.

DATE OF ORDER: 10 March 1987

WHERE MADE: Perth

THE COURT ORDERS THAT:

1. The Court declines to accept the undertakings proffered

by the parties and otherwise makes no order.

Note: Settlement and entry of orders is dealt

with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION