Qantas Airways Limited [2003] ACompT 4

Qantas Airways Limited [2003] ACompT 4

The Gulliver's group was entitled to leave to intervene because, whether the applicable threshold was a real and substantial interest, a sufficient interest, or an interest sufficient to justify the cost and inconvenience of an extra party, its commercial interests in downstream wholesale, retail and corporate...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2003
Procedural Posture
Application for Review of an Australian Competition and Consumer Commission Determination Denying Authorisation; Application for Leave to Intervene / Reasons for Decision and Orders Granting Leave to Intervene
Outcome
Leave to intervene granted to the Gulliver's Pacific group and SYNERGI Travel Australia Pty Ltd; proposed conditions not imposed at this stage.
Legal Topics
['leave to Intervene Under S 109(2) of the Trade Practices Act 1974 (cth)' 'accc Authorisation Review' 'sufficient Interest or Real and Substantial Interest for Intervention' 'conditions on Intervention' 'proposed Airline Strategic Alliance and Share Acquisition']
['competition and Consumer Law' 'trade Practices' 'practice and Procedure'] ['leave to Intervene Under S 109(2) of the Trade Practices Act 1974 (cth)' 'accc Authorisation Review' 'sufficient Interest or Real and Substantial Interest for Intervention' 'conditions on Intervention' 'proposed Airline Strategic Alliance and Share Acquisition']

Source-derived case record

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Procedural Posture

Application for Review of an Australian Competition and Consumer Commission Determination Denying Authorisation; Application for Leave to Intervene / Reasons for Decision and Orders Granting Leave to Intervene

Legal Issues

  1. 1 ['What test or threshold should be applied under s 109(2) of the Trade Practices Act 1974 (Cth) when deciding whether to permit intervention.' "Whether the Gulliver's Pacific group and SYNERGI Travel Australia Pty Ltd had an interest warranting intervention in the review." 'Whether expedition of the review should weigh against intervention.' 'Whether intervention should be subject to conditions limiting evidence, submissions, cross-examination, costs exposure, or later review of leave.']

Ratio Decidendi

The Gulliver's group was entitled to leave to intervene because, whether the applicable threshold was a real and substantial interest, a sufficient interest, or an interest sufficient to justify the cost and inconvenience of an extra party, its commercial interests in downstream wholesale, retail and corporate travel distribution, its competition with Qantas Business Travel, and its knowledge of the relevant industry and markets meant it could provide relevant evidence and respond to matters in which it had a relevant interest. The Tribunal declined to impose the proposed restrictive conditions at that stage, reserving supervision and possible later limits on participation.

Court Disposition

Leave to intervene granted to the Gulliver's Pacific group and SYNERGI Travel Australia Pty Ltd; proposed conditions not imposed at this stage.

Orders

  • ["The Gulliver's Pacific group and SYNERGI Travel Australia Pty Ltd be given leave to intervene in the application." "On or before 20 January 2004, the Gulliver's group file and serve on the applicants and the Australian Competition and Consumer Commission a statement of facts, contentions and issues in response to...