Trade practices – Exclusionary provisions - Merger of competing sporting competitions - Provision that no more than a certain number of teams participate in new competition - Whether provision included for purpose of preventing, restricting or limiting supply of goods or services to, or acquisition of goods or services from, particular persons or classes of persons - Test for determining purpose - Trade Practices Act 1974 (Cth), ss 4D, 45(2)(a)(i), 45(2)(b)(i).
Practice and procedure – Interveners - Whether intervener may advance on appeal argument not adopted by parties to appeal.
Words and phrases – "purpose", "particular persons or classes of persons", "preventing, restricting or limiting".
Trade Practices Act 1974 (Cth) – ss 4D, 4F, 45(2)(a)(i), 45(2)(b)(i).
Judgment date
Case number
S34/2002
Before
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Catchwords