South Sydney District Rugby League Football Club Ltd v News Ltd [2000] FCA 1541

FEDERAL COURT OF AUSTRALIA

South Sydney District Rugby League Football Club Ltd v News Ltd [2000] FCA 1541 TRADE PRACTICES – exclusionary provision – rival sporting competition organisers making and giving effect to understanding or arrangement to form a single competition – fundamental term of arrangement that new competition involve fourteen teams achieved through mergers, joint ventures or an admission criteria process – whether a substantial purpose of parties in making or giving effect to arrangement was to prevent, restrict or limit supply or acquisition of various services to or from particular persons or classes of person for purposes of sections 45(2) and 4D of Trade Practices Act 1974 (Cth) – whether in competition in relation to services – whether services were "services" for purposes of section 4 of Trade Practices Act – time at which parties are required to be in competition in relation to services subject of arrangement – consideration of nature of exclusionary provisions – whether fourteen team term aimed at "particular classes of persons" – whether relevant class constituted in the circumstances – statutory defences – whether available in circumstances. TRADE PRACTICES – exclusionary provisions – relief – appropriate relief in circumstances – considerations. AGENCY – existence of relationship – whether relationship with independent contractor was that of principal and agent – significance of control – effect of express disclaimer of agency – weight to disclaimer in circumstances. PARTNERSHIP – formation – whether conduct of parties was carrying on business of partnership or acts in anticipation of partnership – later formal formation of partnership – retrospective commencement date in formal partnership agreement – effect – evidential value for purposes of actual commencement date. CONTRACT – implication of terms – informal contract – test for implication – distinction between implication in fact and in law – whether terms necessary for reasonable or effective operation of contract in circumstances – implied duty of good faith and fair dealing – whether a legal incident of contract or particular classes of contract – whether qualifies conduct reasonably taken to promote legitimate business interests – content of alleged terms – whether possible to imply objective standard of fairness in circumstances. CONTRACT – relief – whether breach of contract would found relief in circumstances – considerations. TRADE PRACTICES – misleading and deceptive conduct – representations – express and implied – as to future matter – sections 52 and 51A of Trade Practices Act 1974 (Cth) – whether properly characterised as aims – whether reasonable grounds for making representations. TRADE PRACTICES – misleading and deceptive conduct – relief – whether injunctive relief appropriate in circumstances – factors