Lee v Aerial Taxi Cabs Co-Operative Society Ltd [2001] FCA 1686

FEDERAL COURT OF AUSTRALIA

Lee v Aerial Taxi Cabs Co-Operative Society Ltd [2001] FCA 1686

TING SHING LEE v AERIAL TAXI CABS CO-OPERATIVE SOCIETY LTD A7 of 2001 MADGWICK J 8 OCTOBER 2001 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A7 of 2001

DISTRICT REGISTRY

BETWEEN: TING SHING LEE

APPLICANT

AND: AERIAL TAXI CABS CO-OPERATIVE SOCIETY LTD

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 8 OCTOBER 2001

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The respondent pay, subject to any previous costs orders, the applicant's costs up to and including 16 June 2001.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A7 of 2001

DISTRICT REGISTRY

BETWEEN: TING SHING LEE

APPLICANT

AND: AERIAL TAXI CABS CO-OPERATIVE SOCIETY LTD

RESPONDENT

JUDGE: MADGWICK J

DATE: 8 OCTOBER 2001

PLACE: CANBERRA

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this case, the applicant sued the respondent for alleged breaches of the Trade Practices Act 1974 (Cth) ("the Act"), in particular ss 45 and 47(6). Section 47(6) may be put aside because some question arises as to whether the conduct of the respondent would fall within it. However, there seems to be little doubt that the respondent was in breach of s 45(2)(b)(ii) as amplified by s 45A. 2 Section 45(2)(b)(ii) relevantly provides that "A corporation shall not: give effect to a provision of a contract, arrangement or understanding, ... if that provision: … (ii) has the purpose, or has or is likely to have the effect, of substantially lessening competition." Section 45A(i) relevantly provides: "Without limiting the generality of section 45 a provision of a contract arrangement or understanding, ... shall be deemed for the purposes of that