Re McIlwraith McEacharn Ltd and Another [1991] ATPT 1

Re McIlwraith McEacharn Ltd and Another [1991] ATPT 1

The Tribunal has power to conduct the review of the Commission's determination revoking an authorisation, which necessarily carries the power to at least affirm or set aside the revocation. It also carries the incidental power to grant interim authorisation pending final determination.

Parties
Applicant: McIlwraith McEacharn Limited; Applicant: Howard Smith Industries Pty Limited; Respondent: Trade Practices Commission
Jurisdiction
Australia
Judgment Date
19 August 1991
Procedural Posture
Application for Review / Interim Order Pending Determination
Outcome
Interim authorisation granted pending review; review adjourned.
Legal Topics
Authorisation Revocation, Interim Authorisation, Tribunal's Powers
Competition Law Authorisation Revocation Interim Authorisation Tribunal's Powers

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Parties

McIlwraith McEacharn Limited

Applicant

Howard Smith Industries Pty Limited

Applicant

Trade Practices Commission

Respondent

Procedural Posture

Application for Review / Interim Order Pending Determination

Legal Issues

  1. 1 Does the Tribunal have jurisdiction and power to review the Commission's determination to revoke an authorisation?
  2. 2 Can the Tribunal grant interim authorisation pending review of the Commission's revocation of an authorisation?

Ratio Decidendi

The Tribunal has power to conduct the review of the Commission's determination revoking an authorisation, which necessarily carries the power to at least affirm or set aside the revocation. It also carries the incidental power to grant interim authorisation pending final determination.

Court Disposition

Interim authorisation granted pending review; review adjourned.

Orders

  • Interim authorisation granted up to and including 15 October 1991 or further order to arrangements described in paragraphs 1.2 and 1.2.1 at p. 52,197 of 1980 ATPR 50-100.
  • Liberty to apply reserved to applicants and Commission on seven days notice.