Queensland Wire Industries v BHP (Full Federal Court)

bowenmorlinggummow
Written By Julie Clarke

Federal Court of Australia (Full Court)
(1987) FCR 211
Chief Justice Bowen
Justices Morling and Gummow

See also

High Court (1989) 167 CLR 177
Federal Court (1987) 16 FCR 50

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.

Julie Clarke
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Queensland Wire Industries v BHP (Federal Court)