Hospitality Group Pty Ltd v Australian Rugby Union Ltd [2001] FCA 1040

FEDERAL COURT OF AUSTRALIA

Hospitality Group Pty Ltd v Australian Rugby Union Ltd [2001] FCA 1040

TRADE PRACTICES – definition of market – where respondent sole administrator of sport of rugby union in Australia – where limited number of international test matches played each year – where the first appellant supplies corporate hospitality packages – where some packages included rugby union tickets – whether a market for the supply of corporate hospitality packages at international rugby union test matches exists in Australia for the purposes of Part IV of Trade Practices Act 1974 – onus of proof – whether Court should draw a Jones v Dunkel inference from appellants' failure to call relevant witnesses TRADE PRACTICES – exclusive dealing – whether respondent's conduct is caught by s 47(7) of Trade Practices Act 1974 CONTRACT – restraint of trade – where respondent included a condition on test match tickets – where respondent entered into agency agreement with ATFS – where respondent agreed to provide international test match tickets to ATFS – where ATFS agreed to sell tickets only as part of retail travel packages – whether condition and restrictive clause void as being restraints of trade under common law or Restraints of Trade Act 1976 CONTRACT – breach of contract – where respondent included a condition on test match tickets – where tickets transferable – whether condition a term of contract – parties to contract – assignment of chose in action – novation – whether condition binds bearer where bearer is not purchaser of ticket TORT – inducing breach of contract – where ATFS agreed to sell tickets only as part of retail travel packages – where appellants bought tickets from ATFS – where appellants sold tickets to public as part of corporate hospitality packages – state of mind of appellants REMEDIES – assessment of damages – contract and tort – exemplary damages – circumstances in which Court will order exemplary damages – account of profits – whether possible to slot account of profits into framework of remedies for tort