McCarthy, N.T. & Ors v Australia Rough Riders Association Inc & Anor [1987] FCA 690

JUDGMENT No. 690/877.

CATCHWORODS

TRADE PRACTICES - contract arrangement_--or <= understanding

containing exclusionary provision - giving effect to exclusionary

provision - rules of association - whether contrary to s.45

unlawful restraint to trade

INJUNCTION - interlocutory - balance of convenience

consideration of question of law on interlocutory application

Trade Practices Act 1974 ss.4D, 45.

NEVILLE THOMAS McCARTHY & ORS. V. AUSTRALIAN ROUGH RIDERS ASSOCIATION INCORPORATED & ANOR. QLD. NO.G167 OF 1987

SPENDER J. BRISBANE 3 NOVEMBER, 1987.

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IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) QLD. G167 of 1987 ) )

GENERAL DIVISION

BETWEEN :

NEVILLE THOMAS McCARTHY and VERNON LAWRENCE McVICAR

and TERENCE O'NEILL and GRAHAM BORGHERO : -

Applicants AND: AUSTRALIAN ROUGH RIDERS ASSOCIATION INCORPORATED First Respondent AND: BILOELA RODEO ASSOCIATION INC. Second Respondent MINUTE OF ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 4 NOVEMBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

Upon each of the applicants giving the usual undertaking as to damages, IT IS ORDERED that:

1.

Until the trial of this action or further earlier order, the first and second respondents be restrained:

(a) from doing any act intended to give effect to or enforce, or having the effect of giving effect to or enforcing -

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ee

iz fa)

(i) the first sentence of bylaw 13.1 of its bylaws;

(il) the last sentence of bylaw 13.2 thereof;

(iii) bylaw 29.1.3 thereof;

Civ) every resolution of its Board of Directors passed in respect of the applicants at Mt. Isa on 7th August 1987;

(b) from representing to any person that any of.- - _

the applicants has forfeited any points or has fewer such points than the number to which he is entitled without regard to the said resolution or bylaws;