Re Application for orders by way of or in nature of Prohibition and Mandamus against the Honourable Riley, Bernard Blomfield & Ors Ex Parte Tooheys Ltd [1977] FCA 94

Re Application for orders by way of or in nature of Prohibition and Mandamus against the Honourable Riley, Bernard Blomfield & Ors Ex Parte Tooheys Ltd [1977] FCA 94

The Trade Practices Tribunal had power under s.106(2) of the Trade Practices Act 1974 to conduct part of the hearing in private and to prohibit or restrict disclosure of confidential evidence, including disclosure to a party, at least where that party's legal representatives were permitted to hear the evidence. On the facts, the Tribunal acted lawfully and consistently with natural justice in refusing permission to disclose the relevant confidential evidence to Tooheys, after weighing its limited value to Tooheys against possible harm to the other companies. No basis for prohibition or mandamus was established.

Jurisdiction
Australia
Judgment Date
13 December 1977
Procedural Posture
Application Under S.163 a of the Trade Practices Act 1974 for Orders by Way of or in the Nature of Prohibition and Mandamus / Return of Order Nisi
Outcome
Order nisi discharged with costs, other than those of the intervener.
Legal Topics
['trade Practices Tribunal Powers' 'private Hearings' 'restriction of Publication of Evidence' 'confidential Evidence' 'natural Justice' 'prohibition and Mandamus']
['trade Practices' 'administrative Law'] ['trade Practices Tribunal Powers' 'private Hearings' 'restriction of Publication of Evidence' 'confidential Evidence' 'natural Justice' 'prohibition and Mandamus']

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Procedural Posture

Application Under S.163 a of the Trade Practices Act 1974 for Orders by Way of or in the Nature of Prohibition and Mandamus / Return of Order Nisi

Legal Issues

  1. 1 ['Whether s.106(2)(a) of the Trade Practices Act 1974 empowered the Trade Practices Tribunal to direct that part of a hearing take place in the absence of a party.' 'Whether s.106(2)(b) empowered the Trade Practices Tribunal to prohibit disclosure to a party of evidence given before it.' "Whether the Tribunal's exercise of power to restrict disclosure of confidential evidence denied natural justice on the facts of the case."]

Ratio Decidendi

The Trade Practices Tribunal had power under s.106(2) of the Trade Practices Act 1974 to conduct part of the hearing in private and to prohibit or restrict disclosure of confidential evidence, including disclosure to a party, at least where that party's legal representatives were permitted to hear the evidence. On the facts, the Tribunal acted lawfully and consistently with natural justice in refusing permission to disclose the relevant confidential evidence to Tooheys, after weighing its limited value to Tooheys against possible harm to the other companies. No basis for prohibition or mandamus was established.

Court Disposition

Order nisi discharged with costs, other than those of the intervener.

Orders

  • ['That the Order Nisi be discharged, with costs, other than those of the intervener.']