Re McIlwraith McEacharn Ltd and Another [1991] ATPT 1

Tl I

JUDGMENT No. =

COMMONWEALTH OF AUSTRALIA

Trade Practices Act

IN THE TRADE PRACTICES TRIBUNAL ) ) No. V1 of 1991

McILWRAITH MCEACHARN LIMITED

and HOWARD SMITH INDUSTRIES PTY LIMITED

Applicants

RE: APPLICATION TO REVIEW THE DETERMIN. E

PRACTICES COMMI ION REVOKING AUTHORISATION A4460

LOCKHART J. (President) PROFESSOR M. BRUNT DR. B.I. ALDRICH

19 August 1991

MINUTE OF ORDER

THE TRIBUNAL ORDERS THAT:

1. Interim authorisation be granted up to and including Tuesday, 15 October 1991 or further order to the arrangements described in paragraphs 1.2 and 1.2.1 at p. 52,197 of p. 52,197 of 1980 ATPR 50-100, being the report

of the Draft Determination of the Trade Practices Commission ("Commission") in the matter A4460.

2. Liberty to apply is reserved to the applicants and the Commission on seven days notice.

3. The review be adjourned to 15 October 1991.

COMMONWEALTH OF AUSTRALIA Trade Practices Act

IN THE TRADE PRACTICES TRIBUNAL ) ) No. V1 of 1991

McILWRAITH MCEACHARN LIMITED

and HOWARD SMITH INDUSTRIES PTY LIMITED

Applicants

RE: APPL ON REV, THE

DETERMINATION OF THE TRADE PRACTICES COMMISSION REVOKING AUTHORISATION A4460

19 August 1991

REASONS FOR DECISION LOCKHART J. (President), Professor M. Brunt and Dr. B. Aldrich

(Members )

McIlwraith McEacharn Limited ("MML") and Howard Smith Industries Pty Limited ("HSI") (collectively "the applicants") have applied to the Trade Practice Tribunal ("the Tribunal") pursuant to s. 101 of the Trade Practices Act 1974 ("the Act") for a review of the determination by the Trade Practices Commission ("the Commission") dated 7 June 1991 that the grant of authorisation in respect of a prior application A4460 be revoked. That authorisation was granted by the Commission under Ss. 88(1) of the Act on 31 July 1980 with respect to an application (A4460) by MML relating to a partnership agreement with HSI for the provision of harbour towage services in the port