High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, GUMMOW, KIRBY AND CALLINAN JJ
NEWS LIMITED & ORS APPELLANTS
AND
SOUTH SYDNEY DISTRICT RUGBY LEAGUE
FOOTBALL CLUB LIMITED & ORS RESPONDENTS
News Limited v South Sydney District Rugby League Football Club Limited
[2003] HCA 45
13 August 2003
S34/2002
ORDER
1. Appeal allowed. 2. Set aside the orders of the Full Court of the Federal Court made on 6 July 2001 and, in lieu thereof, order that the appeal to that Court be dismissed.
On appeal from the Federal Court of Australia
Representation:
A J Meagher SC with M J Leeming for the appellants (instructed by Allens Arthur Robinson)
D F Jackson QC with S A Glacken for the first respondent (instructed by Nicholas G Pappas & Company)
No appearance for the second to twentieth respondents
Intervener:
N J Young QC with M H O'Bryan intervening on behalf of the Australian Competition and Consumer Commission (instructed by Australian Government Solicitor)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
News Limited v South Sydney District Rugby League Football Club Limited
Trade practices – Exclusionary provisions – Merger of competing sporting competitions – Provision that no more than a certain number of teams participate in new competition – Whether provision included for purpose of preventing, restricting or limiting supply of goods or services to, or acquisition of goods or services from, particular persons or classes of persons – Test for determining purpose – Trade Practices Act 1974 (Cth), ss 4D, 45(2)(a)(i), 45(2)(b)(i).
Practice and procedure – Interveners – Whether intervener may advance on appeal argument not adopted by parties to appeal.
Words and phrases – "purpose", "particular persons or classes of persons", "preventing, restricting or limiting".
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