CSR Ltd v Chuwar Transport Pty Ltd & Ors [1996] FCA 786

CATCHWORDS TRADE PRACTICES - interlocutory injunction sought to restrain alleged infringement of s 45(2)(a)(i) of the Queensland Competition Code constituted by intermittent action by owner/drivers in an ongoing industrial dispute with the applicant pre-mixed concrete manufacturer - whether the owner/drivers are mutually competitive in relation to the supply of concrete cartage services to the applicant - necessity for a section of the public or at least the person to whom the services are supplied to have some economic benefit to gain from the activities of the service providers before they will be mutually competitive if s 4D(1)(a) the Trade Practices Act (incorporated into the Queensland Competition Code) is to be satisfied. INTERLOCUTORY INJUNCTION - discretion - relevance of the special character of proceedings under the Trade Practices Act and the Queensland Competition Code, being statutes directed to the protection or enhancement of the public interest in the maintenance and enhancement of competition in trade and commerce, as a consideration to be taken into account when assessing the strength of the applicant's case and also weighing the balance of convenience. Competition Policy Reform (Queensland) Act 1996 - ss 4, 5, 8, 18 and 21 Competition Policy Reform Act 1995 (Cth) - s 26 Queensland Competition Code - ss 45 Trade Practices Act 1974 (Cth) - ss 4D, 45, 80 and 150D Cases Considered Refrigerated Express Lines (Australasia) Pty Ltd v Australian Meat and Livestock Corporation (1980) 44 FLR 455 Ricegrowers' Co-operative Ltd v Howling Success Australia Pty Ltd (1987) ATPR 40-778 Tytel Pty Ltd v Australian Telecommunications Commission (1986) 67 ALR 433 World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 Case Distinguished Gallagher v Pioneer Concrete (NSW) Pty Limited (1993) ATPR 41-216 CSR LIMITED v CHUWAR TRANSPORT PTY LTD & ORS QG 148 OF 1996 DRUMMOND J BRISBANE 29 AUGUST 1996