South Sydney District Rugby League Football Club Ltd v News Limited [2001] FCA 862

FEDERAL COURT OF AUSTRALIA

South Sydney District Rugby League Football Club Ltd v News Limited [2001] FCA 862 TRADE PRACTICES – exclusionary provision – rival rugby league competitions with total of 20 teams – agreement in 1997 for uniform competition which by 2000 would consist of 14 teams – agreement that criteria would be developed to determine which clubs, if any, were to be excluded – criteria applied in October 1999 with appellant being excluded from 2000 competition – whether proscribed exclusionary purpose established – whether a "particular class of persons" can be defined in part by fact of exclusion – whether restricting number of persons to or from whom services are supplied or acquired constitutes "restricting or limiting" supply or acquisition of services – whether parties to an exclusionary provision must be competitive with each other at time provision takes effect – discretion to grant injunction – likelihood of threatened conduct occurring – whether damages an adequate remedy. WORDS OR PHRASES – "particular persons", "particular class", "purpose", "restricting or limiting". Trade Practices Act 1974 (Cth) ss 4D,4F, 45(2)(a)(i), 45(2)(b)(i), 80(4), 82 Acts Interpretation Act 1901 (Cth) s 29(b) News Ltd v Australian Rugby Football League Ltd (1996) 58 FCR 447 mentioned News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 mentioned South Sydney District Rugby League Football Club Ltd v News Ltd (1999) 169 ALR 120 mentioned South Sydney District Rugby League Football Club Ltd v News Ltd (2000) 177 ALR 611 considered ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No 1) (1990) 27 FCR 460 applied Rutman Wine Co v E & J Gallo Winery 82 F2d 729 (1987) at 735 mentioned Newton v Commissioner of Taxation [1958] AC 450 at 465 mentioned Hughes v Western Australian Cricket Association (1986) 19 FCR 10 at 37-38 mentioned Wribrass Pty Ltd v Swallow (1979) 38 FLR 92 at 102 mentioned Industrial Enterprises Ltd v Federated Storemen and Packers' Union of Australia (1979) ATPR 40-100 mentioned Tillmans Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 42 FLR 331 at 338 and 351 mentioned Transport Workers Union of Australia v Leon Laidely Pty Ltd (1980) 43 FLR 168 mentioned Jewel Food Stores Pty Ltd v Amalgamated Milk Vendors Association Inc (1989) 24 FCR 127 at 133-135 considered Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 discussed Byrne v Australian Airlines Ltd (1994) 47 FCR 300 at 304-305 mentioned Eastern Express Pty Ltd v General Newspapers Pty Ltd (1991) 30 FCR 385 at 420 mentioned Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd (1985) 7 FCR 432 at 531-532 mentioned Australian Competition and Consumer Commission v Visy Paper Pty Ltd [2000] FCA 240 mentioned Schindler Lifts Australia Pty Ltd v Debelak (1989) 89 ALR 275 at 318 mentioned Health Services for Men Pty Ltd v D'Souza (2000) 48 NSWLR 448 at 461 mentioned ICI Australian Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 at 256-257 mentioned Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001) 178 ALR 253 at [60] mentioned Gallagher v Pioneer Concrete (NSW) Pty Ltd (1993) 113 ALR 159 mentioned Bullock v Federated Furnishing Trades Society of Australasia (1985) 5 FCR 464 mentioned Trade Practices Commission v TNT Management Pty Ltd (1985) 6 FCR 1 mentioned Devenish v Jewel Food Stores Pty Ltd (1991) 172 CLR 32 mentioned Accounting Systems 2000 (Developments) Pty Ltd v CCH Australia Ltd (1993) 42 FCR 470 mentioned Trade Practices Commission v The Gillette Company (1993) 45 FCR 366 mentioned. SOUTH SYDNEY DISTICT RUGBY LEAGUE FOOTBALL CLUB LIMITED v NEWS LIMITED & ORS N 1264 OF 2000 HEEREY, MOORE & MERKEL JJ 6 JULY 2001 SYDNEY