Australian Rugby Union Ltd v Hospitality Group Pty Ltd [1999] FCA 1136

FEDERAL COURT OF AUSTRALIA

Australian Rugby Union Ltd v Hospitality Group Pty Ltd [1999] FCA 1136 INTERLOCUTORY PROCEEDINGS – applications for interlocutory injunctions – applicant sold tickets to certain rugby union test matches subject to condition that tickets cannot be resold at a premium or used for commercial purposes – applicant also entered agreement appointing third respondent as one of its licensed retail travel agents, entitling third respondent to some tickets to the matches – agency agreement only allowed agent to sell tickets as part of "travel packages" – first and second respondents bought tickets from third respondent – first and second respondents sold tickets to public as part of "hospitality packages" - whether serious issues to be tried in relation to breach of contract, inducing breach of contract, or breach of Part IV of Trade Practices Act 1974 (Cth) – balance of convenience TRADE PRACTICES – whether applicant, by supplying tickets subject to condition and by restricting scope of agents' activities, breached Part IV of Trade Practices Act 1974 (Cth) CONTRACT – restraint of trade – whether condition on tickets and restrictive clause in agency contract are void as being restraints of trade – whether void for uncertainty or as being a penalty INJUNCTIONS – mandatory interlocutory injunction – whether applicant should be ordered to deliver tickets to third respondent in accordance with agency agreement UNDERTAKINGS – applicant's prior undertaking not to use information in certain documents for purposes other than the conduct of the proceedings – documents admitted into evidence – whether applicant should be released from undertaking

Trade Practices Act 1974 (Cth), ss 4F, 4L, 4M, 45(2), 46(1), 47, 87(2) Restraints of Trade Act 1976 (NSW), s 4(1) Federal Court Rules, O 15, r 18 Harman v Secretary of State for the Home Department [1983] 1 AC 280, distinguished Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10, cited Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148, cited Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [No 3] (1998) 72 ALJR 873, cited Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464, cited Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499, cited Carson v Minister for Education (Queensland) (1989) 25 FCR 326, cited Michael v State Housing Commission (1996) 68 FCR 105, cited Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533, cited National Mutual Holdings Pty Ltd v Sentry Corporation (1989) 22 FCR 209, cited Russell v Russell (1976) 134 CLR 495, followed Chapmans Ltd v Australian Stock Exchange (unreported, Tamberlin J, 25 August 1995), cited Eltran Pty Ltd v Westpac Banking Corporation (1990) 25 FCR 322, cited Woolworths Ltd v Campbells Cash and Carry Pty Ltd (1996) 92 LGERA 244, cited Greater London Council v Connolly [1970] 2 QB 100, cited Trade Practices Commission v Tooth & Co Ltd (1979) 142 CLR 397, cited Beneficial Finance Corporation Ltd v Sharker (1993) 32 NSWLR 161, cited Shevill v Builders Licensing Board (1982) 149 CLR 620, cited Victoria v Australian Building Construction Employees' and Builders Labourers' Federation (1982) 152 CLR 25, cited Teheran-Europe Co Ltd v ST Belton (Tractors) Ltd [1968] 2 QB 545, cited Buckley v Tutty (1971) 125 CLR 353, cited Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288, cited Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd [1968] AC 269, cited News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410, cited ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No 1) (1990) 27 FCR 460, cited Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd (1989) 167 CLR 177, cited