Brisbane Gas Co. Ltd v. Hartogen Energy Ltd & Anor [1982] FCA 154

Brisbane Gas Co. Ltd v. Hartogen Energy Ltd & Anor [1982] FCA 154

The applicant failed to establish a prima facie case that Hartogen, by acquiring shares in O.C.A., would be or would likely be in a position to control or dominate a market for natural gas as defined under s.50 of the Trade Practices Act; accordingly, no interlocutory injunction would be granted.

Parties
Applicant: Brisbane Gas Co Ltd; First Respondent: Hartogen Energy Ltd; Second Respondent: Street Nominees Pty Ltd
Jurisdiction
Australia
Judgment Date
26 July 1982
Procedural Posture
Application for Interlocutory Injunction and Associated Orders / Ruling on Interlocutory Injunction Application
Outcome
Application for interlocutory injunction dismissed with costs.
Legal Topics
Acquisition of Shares, Control or Domination of Market, Interim Injunction, Divestiture, Market Definition
Trade Practices Acquisition of Shares Control or Domination of Market Interim Injunction Divestiture Market Definition

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Parties

Brisbane Gas Co Ltd

Applicant

Hartogen Energy Ltd

First Respondent

Street Nominees Pty Ltd

Second Respondent

Procedural Posture

Application for Interlocutory Injunction and Associated Orders / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether Hartogen's acquisition of shares in O.C.A. contravenes s.50 of the Trade Practices Act
  2. 2 Whether Hartogen is in a position to control or dominate a market for natural gas in breach of the Act
  3. 3 Whether an interlocutory injunction should be granted to restrain Hartogen and Street from dealing with or exercising rights attached to shares pending the determination of substantive relief

Ratio Decidendi

The applicant failed to establish a prima facie case that Hartogen, by acquiring shares in O.C.A., would be or would likely be in a position to control or dominate a market for natural gas as defined under s.50 of the Trade Practices Act; accordingly, no interlocutory injunction would be granted.

Court Disposition

Application for interlocutory injunction dismissed with costs.

Orders

  • The application for an injunction pending hearing is dismissed with costs.
  • Directions given for expedition of appeals and provision of documents to the Full Court as specified.