Carfino, S. & Anor v The Australian Basketball Federation Incorporated & Ors [1988] FCA 26

Carfino, S. & Anor v The Australian Basketball Federation Incorporated & Ors [1988] FCA 26

Interim relief was warranted because there was a serious question to be tried, particularly under s.45D(1) of the Trade Practices Act and on the restraint of trade claim, and the balance of convenience strongly favoured allowing Steve Carfino to play for Sydney NEC Kings Club rather than preventing him from playing at all, where Hobart had effectively accepted he would not play for it in the 1988 season and identified no relevant damage beyond loss of negotiating leverage.

Jurisdiction
Australia
Judgment Date
01 February 1988
Procedural Posture
Application for Interlocutory Injunction / Interim Application After Ex Parte Orders Were Declined and Short Notice Was Given
Outcome
Interlocutory injunction granted until further order; costs reserved.
Legal Topics
['interstate Player Clearance' 'basketball Federation by Laws' 'serious Question to Be Tried' 'balance of Convenience' 'alleged Player Contract']
['trade Practices' 'restraint of Trade' 'sports Law' 'contract' 'interlocutory Injunctions'] ['interstate Player Clearance' 'basketball Federation by Laws' 'serious Question to Be Tried' 'balance of Convenience' 'alleged Player Contract']

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Procedural Posture

Application for Interlocutory Injunction / Interim Application After Ex Parte Orders Were Declined and Short Notice Was Given

Legal Issues

  1. 1 ["Whether there was a serious question to be tried that the respondents' conduct or by-laws breached s.45(2)(b) of the Trade Practices Act 1974" 'Whether there was a serious question to be tried that the respondents, in concert, engaged in conduct contrary to s.45D(1) of the Trade Practices Act' 'Whether the clearance rules and by-laws were arguably an unreasonable restraint of trade void at common law' 'Whether the balance of convenience favoured interim relief permitting Steve Carfino to play for Sydney NEC Kings Club pending further order']

Ratio Decidendi

Interim relief was warranted because there was a serious question to be tried, particularly under s.45D(1) of the Trade Practices Act and on the restraint of trade claim, and the balance of convenience strongly favoured allowing Steve Carfino to play for Sydney NEC Kings Club rather than preventing him from playing at all, where Hobart had effectively accepted he would not play for it in the 1988 season and identified no relevant damage beyond loss of negotiating leverage.

Court Disposition

Interlocutory injunction granted until further order; costs reserved.

Orders

  • ['Upon the applicants by their counsel giving the usual undertaking as to damages, until further order, the respondents and each of them, their servants and agents, be restrained from refusing to permit the applicant, Steve Carfino, from playing as a member of the team fielded by Sydney NEC Kings Club.' 'Upon the...