McCarthy, N.T. & Ors v Australia Rough Riders Association Inc & Anor [1987] FCA 690

McCarthy, N.T. & Ors v Australia Rough Riders Association Inc & Anor [1987] FCA 690

Rule 13.1, as enforced by the Biloela Rodeo Association Inc., is an exclusionary provision contrary to s.45(2)(b)(i) of the Trade Practices Act 1974, as it has the purpose of preventing acquisition of services from a class of persons in the context of competition among affiliated rodeos, and also constitutes an unlawful restraint of trade. Therefore, interlocutory relief should be granted.

Parties
Applicant: Neville Thomas McCarthy; Applicant: Vernon Lawrence McVicar; Applicant: Terence O'Neill; Applicant: Graham Borghero; First Respondent: Australian Rough Riders Association Incorporated; Second Respondent: Biloela Rodeo Association Inc.
Jurisdiction
Australia
Judgment Date
03 November 1987
Procedural Posture
Interlocutory Application / Interlocutory Injunction – Reasons and Orders
Outcome
Interlocutory injunction granted (pending trial) restraining enforcement of specified bylaws and resolutions, and requiring facilitation of applicants' participation.
Legal Topics
Exclusionary Provision, Exclusive Dealing, Section 45 Trade Practices Act, Section 4 D Trade Practices Act, Incorporated Associations, Member Discipline, Restraint of Trade in Professional Sport, Balance of Convenience, Injunctions
Trade Practices Competition Law Contract Associations Law Restraint of Trade Exclusionary Provision Exclusive Dealing Section 45 Trade Practices Act +6 more

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Parties

Neville Thomas McCarthy

Applicant

Vernon Lawrence McVicar

Applicant

Terence O'Neill

Applicant

Graham Borghero

Applicant

Australian Rough Riders Association Incorporated

First Respondent

Biloela Rodeo Association Inc.

Second Respondent

Procedural Posture

Interlocutory Application / Interlocutory Injunction – Reasons and Orders

Legal Issues

  1. 1 Whether rule 13.1 of the ARRA constitutes an exclusionary provision under s.45 of the Trade Practices Act
  2. 2 Whether enforcement of rule 13.1 is an unlawful restraint of trade at common law
  3. 3 Whether the respondents are trading corporations for the purposes of the Act

Ratio Decidendi

Rule 13.1, as enforced by the Biloela Rodeo Association Inc., is an exclusionary provision contrary to s.45(2)(b)(i) of the Trade Practices Act 1974, as it has the purpose of preventing acquisition of services from a class of persons in the context of competition among affiliated rodeos, and also constitutes an unlawful restraint of trade. Therefore, interlocutory relief should be granted.

Court Disposition

Interlocutory injunction granted (pending trial) restraining enforcement of specified bylaws and resolutions, and requiring facilitation of applicants' participation.

Orders

  • First and second respondents restrained, until trial or further order, from giving effect to specified provisions of ARRA bylaws and resolutions identified on 7 August 1987.
  • First respondent to notify National Finals Rodeo promoter of applicants' entry and to do all within its power to enable applicants' participation.