Keith Russell Simplicity Funerals Pty Ltd v. Cremation Society of Australia (ACT) Ltd & Ors [1982] FCA 23

Keith Russell Simplicity Funerals Pty Ltd v. Cremation Society of Australia (ACT) Ltd & Ors [1982] FCA 23

The applicant failed to establish a prima facie case under s.45E or s.45D of the Trade Practices Act 1974 because the respondents merely responded commercially to the union ban, and there was no evidence of an arrangement or understanding for a prohibited purpose or of the relevant subjective intent required by the...

Source-derived case information.

Parties
Applicant: Keith Russell Simplicity Funerals Pty. Limited; First Respondent: Cremation Society of Australia (ACT) Limited; Second Respondent: Woronora Funeral, Cemetery and Crematorium Trust; Third Respondent: Eastern Suburbs Crematorium Trust; Fourth Respondent: The Cremation Society of Australia Pty. Limited; Fifth Respondent: The New South Wales Cremation Company Pty. Limited
Jurisdiction
Australia
Judgment Date
12 March 1982
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (motion for Interlocutory Relief)
Outcome
Interlocutory injunction refused (as against first, fourth, and fifth respondents); application dismissed against those respondents; discontinued by consent against second and third respondents (no order as to costs).
Legal Topics
Arrangement or Understanding, Prohibited Purpose, Boycott, Interlocutory Injunction, Balance of Convenience
Trade Practices Arrangement or Understanding Prohibited Purpose Boycott Interlocutory Injunction Balance of Convenience

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Summary, issues, holding and outcome

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Parties

Keith Russell Simplicity Funerals Pty. Limited

Applicant

Cremation Society of Australia (ACT) Limited

First Respondent

Woronora Funeral, Cemetery and Crematorium Trust

Second Respondent

Eastern Suburbs Crematorium Trust

Third Respondent

The Cremation Society of Australia Pty. Limited

Fourth Respondent

The New South Wales Cremation Company Pty. Limited

Fifth Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (motion for Interlocutory Relief)

Legal Issues

  1. 1 Whether there was an arrangement or understanding within the meaning of s.45E of the Trade Practices Act 1974
  2. 2 Whether such arrangement or understanding contained a provision for a prohibited purpose
  3. 3 Whether the respondents were engaged in prohibited conduct under s.45D for a relevant purpose and with the required subjective intent

Ratio Decidendi

The applicant failed to establish a prima facie case under s.45E or s.45D of the Trade Practices Act 1974 because the respondents merely responded commercially to the union ban, and there was no evidence of an arrangement or understanding for a prohibited purpose or of the relevant subjective intent required by the Act.

Court Disposition

Interlocutory injunction refused (as against first, fourth, and fifth respondents); application dismissed against those respondents; discontinued by consent against second and third respondents (no order as to costs).

Orders

  • As against the first, fourth, and fifth respondents, the motion is dismissed and the question of costs is reserved.
  • As against the second and third respondents, by consent, leave is granted to discontinue the proceedings and by consent no order as to costs is made.