Adamson, Brian Ronald v. The West Australian National Football League (Inc) & Ors [1978] FCA 54

Adamson, Brian Ronald v. The West Australian National Football League (Inc) & Ors [1978] FCA 54

The appellant was entitled to rely on the new market argument on appeal, and that argument raised serious and difficult questions of fact or law with a real prospect of ultimate success; because the balance of convenience favoured the appellant and s.78B of the Judiciary Act did not preclude urgent interlocutory relief, the appeal was allowed and an interlocutory restraint was granted.

Jurisdiction
Australia
Judgment Date
30 June 1978
Procedural Posture
Appeal Concerning Interlocutory Relief Under the Trade Practices Act 1974 (as Amended) / Appeal From Refusal by Northrop J to Make Interlocutory Orders Pending Final Determination
Outcome
Appeal allowed; interlocutory relief granted.
Legal Topics
['exclusionary Provision or Substantial Lessening of Competition' 'football League Clearance and Permit Rules' 'interlocutory Injunction' 'urgent Interlocutory Relief' 'notice to Attorneys General']
['competition Law' 'contract' 'sports Law' 'federal Civil Procedure'] ['exclusionary Provision or Substantial Lessening of Competition' 'football League Clearance and Permit Rules' 'interlocutory Injunction' 'urgent Interlocutory Relief' 'notice to Attorneys General']

Case Brief

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Procedural Posture

Appeal Concerning Interlocutory Relief Under the Trade Practices Act 1974 (as Amended) / Appeal From Refusal by Northrop J to Make Interlocutory Orders Pending Final Determination

Legal Issues

  1. 1 ["Whether the appellant had made out a prima facie case that the respondents' football rules involved giving effect to an arrangement or understanding with the purpose, effect or likely effect of substantially lessening competition within s.45(2)(b)(ii) of the Trade Practices Act 1974 (as amended)." 'Whether the relevant markets could include markets in which football clubs competed for members and spectators at games or spectacles.' 'Whether the balance of convenience favoured the grant of interlocutory relief.' 'Whether s.78B of the Judiciary Act 1903 (Cth) (as amended) precluded the Court from granting urgent interlocutory relief.']

Ratio Decidendi

The appellant was entitled to rely on the new market argument on appeal, and that argument raised serious and difficult questions of fact or law with a real prospect of ultimate success; because the balance of convenience favoured the appellant and s.78B of the Judiciary Act did not preclude urgent interlocutory relief, the appeal was allowed and an interlocutory restraint was granted.

Court Disposition

Appeal allowed; interlocutory relief granted.

Orders

  • ['The first and second named respondents and each of them, whether by their servants, agents or howsoever otherwise, be forthwith restrained from continuing to refuse to grant a clearance to the appellant to the South Australian National Football League Incorporated pursuant to the provisions of the Interstate...