Mason v MWREDC Limited [2011] FCA 1512

FEDERAL COURT OF AUSTRALIA

Mason v MWREDC Limited [2011] FCA 1512 Citation: Mason v MWREDC Limited [2011] FCA 1512

Parties: FRANK MAYNE MASON v MWREDC LIMITED, NARELLE PEARSE, NIKKI WRIGHT and IAN FLETCHER

File number(s): QUD 501 of 2011

Judge: GREENWOOD J

Date of judgment: 23 December 2011

Corrigendum: 3 January 2012

Catchwords: COMPETITION LAW – consideration of the application of the Competition and Consumer Act 2010 (Cth) to the State of Queensland – consideration of s 2B of that Act – consideration of the construction to be adopted in relation to the definition of persons "involved" in a contravention in s 2 of Schedule 2 as a law of the Commonwealth by operation of s 131 in Part XI of the Act in the context of s 2B of the Act – adoption of the construction that the definition of persons "involved" in a contravention should not operate so as to extend the application of the Act to officers of the State of Queensland in circumstances where s 2B limits the application of the Act in the way described in that section HIGH COURT AND FEDERAL COURT – consideration of whether the Court might be satisfied that a prospective applicant reasonably believes that he may have the right to obtain relief in the Federal Court as an exercise of federal jurisdiction having regard to relief sought under a State Act in the exercise of a State statutory power conferred upon a decision-maker – consideration of whether such relief falls within the accrued jurisdiction of the Federal Court having regard to the authorities on that question