Aerial Taxi Cabs Co-Operative Society Ltd v Lee [2000] FCA 1628

FEDERAL COURT OF AUSTRALIA Aerial Taxi Cabs Co-operative Society Ltd v Lee [2000] FCA 1628 Restraint of trade – whether by-laws of co-operative trading society in restraint of trade at common law – extent to which by-laws operated as restraint – whether validity of by-laws conferring powers to be determined by reference only to what they lawfully permitted – whether powers conferred by by-laws could only lawfully be exercised honestly, in good faith, reasonably and in unbiased fashion – whether absence of representative of non-members from body administering by-laws applicable to non-members rendered invalid by-laws otherwise reasonable. Administrative law – bias rule of natural justice – rule of necessity. Industrial law – whether contract can be "harsh" within s 127A(2) of Workplace Relations Act by reason of events occurring subsequent to entering into contract. Workplace Relations Act 1996 (Cth), ss 127A(1), 127A(2) Co-operative Societies Act 1939 (ACT), ss 16(7), 47(2) Motor Traffic Act 1936 (ACT), s 6 Co-operative Societies Regulations 1945 (ACT) Federal Court Rules, O 19 r 1(2), O 52 r 22(1)(a), O 52 r 22(3) Buckley v Tutty (1971) 125 CLR 353 discussed Eastham v Newcastle United Football Club Ltd [1964] Ch 413 referred to Nagle v Feilden [1966] 2 QB 633 approved Heron v Port Huon Fruitgrowers' Co-Operative Association Ltd (1922) 30 CLR 315 discussed Butt v Long (1853) 88 CLR 476 referred to Adamson v New South Wales Rugby League Limited (1991) 31 FCR 242 referred to Australian Football League v Carlton Football Club Ltd [1998] 2 VR 546 approved Dickason v Edwards (1910) 10 CLR 243 referred to Geraghty v Minter (1979) 142 CLR 177 followed Kemp v New Zealand Rugby Football League Inc [1989] 3 NZLR 463 referred to Cains v Jenkins (1979) 28 ALR 219 followed R v Master and Wardens of the Company of Surgeons in London (1759) 2 Burr 892 [97 ER 621] discussed Perre v Apand (1999) 164 ALR 606 referred to Isherwood v Oldknow (1815) 3 M & S 382 [105 ER 654] referred to Australian Workers' Union v Bowen [No. 2] (1948) 77 CLR 601 applied Finch v Herald & Weekly Times Ltd (1996) 65 IR 239 approved Harding v EIG Ansvar Ltd (2000) 95 IR 349 approved Forbes Disciplinary Tribunals 2nd ed. at 49 Heydon The Restraint of Trade Doctrine 2nd ed. Ch. 1 AERIAL TAXI CABS CO-OPERATIVE SOCIETY LTD t/a CANBERRA CABS v ROBERT ANDREW LEE No A 21 of 2000 SACKVILLE, KATZ & KENNY JJ 15 NOVEMBER 2000 SYDNEY (HEARD AT CANBERRA)