Queensland Wire Industries v BHP (High Court)

High Court of Australia
(1989) 167 CLR 177
Chief Justice Mason
Justices Wilson, Deane, Dawson, Toohey

Keywords

misuse of market power

Legislation

Trade Practices Act 1974 - s 50

Summary

Qld Wire succeeded in its claim that BHP had engaged in a misuse of market power by refusing to supply it with Y-Bar necessary to make star picket fencing.

The High Court overturned the decision of Pincus J at First Instance and the Full Court of the Federal Court (Bowen CJ, Morling and Gummow). Pincus J at trial considered that the phrase 'take advantage' imported a pejorative element; this view was unanimously rejected by the High Court which interpreted the 'take advantage' element in a neutral way.