Austrac Operations Pty Ltd v State of New South Wales [2003] FCA 1013

FEDERAL COURT OF AUSTRALIA

Austrac Operations Pty Ltd v State of New South Wales [2003] FCA 1013 PRACTICE & PROCEDURE – preliminary discovery – whether reasonable cause to believe that applicant has or may have the right to obtain relief pursuant to the Trade Practices Act 1974 (Cth) – objective test

TRADE PRACTICES – market power – definition of market – whether substantial degree of market power in coal freight rail market and grain freight rail market – whether taking advantage of market power

Trade Practices Act 1974 (Cth) ss 46, 82, 87 Freight Rail Corporation (Sale) Act 2001 (NSW) s 15 Federal Court Rules O 15A r 6

Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (2003) 198 ALR 657 cited Boral Besser Masonry Ltd v Australian Competition and Consumer Commission (2003) 195 ALR 609 cited Dowling v Dalgety Australia Ltd (1992) 34 FCR 109 cited Optus Communications Pty Ltd v Telstra Corp Ltd [1999] FCA 47 cited AUSTRAC OPERATIONS PTY LTD (IN LIQUIDATION) & ORS v STATE OF NEW SOUTH WALES & ANOR N 590 OF 2003 EMMETT J 5 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N590 OF 2003

BETWEEN: AUSTRAC OPERATIONS PTY LTD (In Liquidation)

ACN 061 696 580

FIRST APPLICANT

AUSTRAC HOLDINGS PTY LTD

(Subject to deed of company arrangement)

ACN 076 803 079

SECOND APPLICANT

AUSTRALIAN TRACTION CORPORATION PTY LTD (Subject to deed of company arrangement)

ACN 061 696 697

THIRD APPLICANT

AND: STATE OF NEW SOUTH WALES

FIRST RESPONDENT

FREIGHT RAIL CORPORATION (t/as FreightCorp)

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 5 SEPTEMBER 2003