High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
TRUTH ABOUT MOTORWAYS PTY LIMITED APPLICANT
AND
MACQUARIE INFRASTRUCTURE
INVESTMENT MANAGEMENT LIMITED RESPONDENT
Truth About Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [2000] HCA 11
9 March 2000
S186/1998
ORDER
The questions in the Case Stated on 17 August 1999 should be answered as follows:
1. Are sections 80 and 163A of the Trade Practices Act 1974 (Cth) invalid insofar as they purport to confer standing on the applicant to bring the present proceedings?
Answer: No.
1. Does the applicant have standing to bring proceedings in the Federal Court in respect of the subject matter of these proceedings: 2. for an injunction in reliance upon section 65 of the Fair Trading Act 1987 (NSW) and in purported reliance upon the accrued or pendent jurisdiction of the Federal Court; 3. for an injunction in reliance upon section 23 of the Federal Court of Australia Act 1976 (Cth); 4. for a declaration that another person has engaged in misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act or section 42 of the Fair Trading Act?
Answer: Unnecessary to answer.
2.
1. Is section 65 of the Fair Trading Act a law of a State: 2. for the purposes of section 109 of the Constitution, inconsistent with the Trade Practices Act; or 3. in conflict with Chapter III of the Constitution in purporting to confer standing on the applicant to bring the proceedings in the Supreme Court of New South Wales against the respondent?
Answer: Unnecessary to answer.
1. If the Federal Court has no jurisdiction in respect of these proceedings, should the proceedings be remitted to a court of a state?
Answer: Unnecessary to answer.
1. By whom should the costs of the proceedings in the Full Court be borne?
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