Australian Rugby Union Ltd v Hospitality Group Pty Ltd [1999] FCA 1136

Australian Rugby Union Ltd v Hospitality Group Pty Ltd [1999] FCA 1136

There is a serious issue to be tried as to whether ATS breached the agency agreement and whether THG and ICM induced that breach; respondents have not established a serious issue in respect of restraint of trade or existence of the defined Hospitality Market for Trade Practices claims; balance of convenience does not favour mandatory relief for ATS but does favour limited injunctive relief for THG; ARU to be released from parts of its confidentiality undertaking; THG allowed to use tickets already in its possession and ARU restrained from denying admission based on ticket origin from THG/ICM.

Parties
Applicant: Australian Rugby Union Limited; First Respondent: Hospitality Group Pty Limited; Second Respondent: ICM (Marketing) Pty Limited; Third Respondent: Australian Tours for Sport Pty Limited; Fourth Respondent: Cameron Jackson
Jurisdiction
Australia
Judgment Date
19 August 1999
Procedural Posture
Interlocutory Proceedings / Interlocutory Motions Prior to Trial
Outcome
Interlocutory injunctions granted in part; mandatory relief refused; confidentiality undertaking discharged in part; balance of convenience orders made; proceedings stood over.
Legal Topics
Exclusive Dealing, Restraint of Trade, Breach of Contract, Inducing Breach of Contract, Mandatory Interlocutory Injunction, Balance of Convenience, Misuse of Market Power
Trade Practices Contract Law Restraint of Trade Injunctions Exclusive Dealing Breach of Contract Inducing Breach of Contract Mandatory Interlocutory Injunction +2 more

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Parties

Australian Rugby Union Limited

Applicant

Hospitality Group Pty Limited

First Respondent

ICM (Marketing) Pty Limited

Second Respondent

Australian Tours for Sport Pty Limited

Third Respondent

Cameron Jackson

Fourth Respondent

Procedural Posture

Interlocutory Proceedings / Interlocutory Motions Prior to Trial

Legal Issues

  1. 1 Whether ATS breached the agency agreement by providing tickets to ICM
  2. 2 Whether THG and ICM induced breach of contract
  3. 3 Whether the ticket conditions and agency agreement restrictions constitute restraint of trade

Ratio Decidendi

There is a serious issue to be tried as to whether ATS breached the agency agreement and whether THG and ICM induced that breach; respondents have not established a serious issue in respect of restraint of trade or existence of the defined Hospitality Market for Trade Practices claims; balance of convenience does not favour mandatory relief for ATS but does favour limited injunctive relief for THG; ARU to be released from parts of its confidentiality undertaking; THG allowed to use tickets already in its possession and ARU restrained from denying admission based on ticket origin from THG/ICM.

Court Disposition

Interlocutory injunctions granted in part; mandatory relief refused; confidentiality undertaking discharged in part; balance of convenience orders made; proceedings stood over.

Orders

  • THG and ICM restrained from inducing ARU agents to supply tickets to Rugby Test matches at Stadium Australia until final hearing or earlier order.
  • ARU to serve list of current domestic travel agents to THG and ICM, and notify changes.