Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charlick Trading Pty Ltd v Australian National Railways Commission [1999] FCA 452
TRADE PRACTICES - conduct of Australian National Rail Commission under National Rail Corporation Agreement Act - whether reduction in rates applicable to rail corridors in Australia was conduct proscribed by s 46(1) of the Trade Practices Act 1974 (Cth) - whether entity with substantial market power had taken advantage of that power for the purpose of eliminating or substantially damaging a competitor - purpose not alleged to be sole purpose - purpose to be subjective purpose - relevant market - what motivated price reductions - whether setting price below average variable operating costs implied proscribed purpose - circumstances in which inference could be drawn that a proscribed purpose existed.
EVIDENCE – failure to call witness – appropriate party to call witness – inference to be drawn from failure to call. Australian National Railways Commission Act 1983 (Cth) Federal Court of Australia Act 1976 (Cth) s 50 National Rail Corporation Agreement Act 1992 (Cth) Sch 1 – cll 5(3), 5(4), 5(5), 5(1)(f) Trade Practices Act 1974 (Cth) s 4F(b) and s 46 ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No 1) (1990) 27 FCR 460 applied Eastern Express v General Newspapers (1992) 35 FCR 43 applied Queensland Wire Industries Pty Ltd v The Broken Hill Pty Co Ltd (1989) 167 CLR 177 applied Jones v Dunkel (1958-1959) 101 CLR 298 considered Spence v Demasi (1988) 48 SASR 536 considered CHARLICK TRADING PTY LTD v AUSTRALIAN NATIONAL RAILWAYS COMMISSION and NATIONAL RAIL CORPORATION LIMITED SG 78 OF 1996
MANSFIELD J ADELAIDE 14 APRIL 1999
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 78 OF 1996
BETWEEN: CHARLICK TRADING PTY LTD
Applicant
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