Queensland Wire Industries v BHP (HCA)
High Court of Australia
Chief Justice Mason and Justices Wilson, Deane, Dawson, Toohey
Queensland Wire Industries Pty Ltd v Broken Hill Pty Co Ltd ("Star Picket Fence Post case") [1989] HCA 6 (1989) 167 CLR 177
Related judgments
Re Queensland Wire Industries Pty Limited v the Broken Hill Proprietary Co Limited and Australian Wire Industries Proprietary Limited [1987] FCA 496 (24 December 1987) (Full Court)
Re Queensland Wire Industries Pty Ltd v the Broken Hill Proprietary Company Limited; Australian Wire Industries Proprietary Limited [1987] FCA 294 (2 September 1987) (Trial)
Issue: misuse or market power
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.