Lowe, M.G. & Ors v. Indoor Cricket Federation of New South Wales Inc. [1994] FCA 742

eveceeees:

JUDGMENT No. wmlt Qn DH

CATCHWORDS

TRADE PRACTICES ACT - s. 52 - ambit of the expression "in trade or commerce" where corporation was incorporated under the Associations Incorporation Act 1984 (NSW) and was involved in the organization of sporting activities which were themselves carried on by separate entities for profit - circumstances in which an interlocutory mandatory injunction was appropriate.

Trade Practices Act 1974, s. 52

Morton v. Black (1988) 83 ALR 182

Concrete Constructions (N.S.W.) Pty. Limited v. Nelson (1990) 169 CLR 594

Tobacco Institute of Australia Limited v. Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1

Sun Earth Homes Pty Ltd v. Australian Broadcasting Corporation (1990) 98 ALR 101

Australian Beauty Trade Suppliers Ltd v. Conference & Exhibition Organisers Pty Ltd (1991) 99 ALR 474

Locabail International Finance Ltd v. Agroexport [1986] 1 WLR 657

v. _IN RICKET FEDERATION OF NEW SOUTH WALES INCORPORATED NG 676 of 1994

RECEIVED

Burchett J. 18 OCT 1994 Sydney FEDERAL COURT OF 14 October 1994 AUSTRALIA

PRINCIPAL REGISTRY

IN_THE FEDERAL COURT OF AUSTRALIA ) ) W R T ) NG 676 of 1994 ) GENERAL DIVISION ) BETWEEN: MICHAEL GRAHAM LOWE First Applicant INES -HUGH IE IN d VICK TER Second Applicants AND: IND ICKET FED NEW SQUTH WALES INCORPORATED Respondent

CORAM: Burchett J.

PLACE: Sydney

DATE : 14 October 1994

D F_ THE RT

THE COURT ORDERS THAT:

1. Upon the usual undertaking as to damages and until further order the respondent admit to membership and retain in membership the second applicants and forthwith rearrange the current netball competition so as to admit to the competition as from Saturday 22 October 1994 all the teams related to the applicants referred to in annexure A to the affidavit of Julieanne Jones-Hughes sworn 7 October 1994, on an equal basis with all other teams in the competition.