Rural Press Ltd & Ors v ACCC & Ors A169/2002 [2003] HCATrans 692 (11 April 2003)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Adelaide No A169 of 2002

B e t w e e n -

RURAL PRESS LIMITED

First Applicant

BRIDGE PRINTING OFFICE PTY LIMITED

Second Applicant

IAN LAW

Third Applicant

TREVOR McAULIFFE

Fourth Applicant

and

AUSTRALIAN COMPETITION & CONSUMER COMMISSION

First Respondent

WAIKERIE PRINTING HOUSE PTY LIMITED

Second Respondent

PAUL TAYLOR

Third Respondent

Office of the Registry

Adelaide No A170 of 2002

B e t w e e n -

AUSTRALIAN COMPETITION & CONSUMER COMMISSION

Applicant

and

RURAL PRESS LIMITED

First Respondent

BRIDGE PRINTING OFFICE PTY LIMITED

Second Respondent

IAN LAW

Third Respondent

TREVOR McAULIFFE

Fourth Respondent

WAIKERIE PRINTING HOUSE PTY LIMITED

Fifth Respondent

PAUL TAYLOR

Sixth Respondent

Applications for special leave to appeal

McHUGH J

KIRBY J

HAYNE J

TRANSCRIPT OF PROCEEDINGS

FROM ADELAIDE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 11 APRIL 2003, AT 10.43 AM

Copyright in the High Court of Australia

__________________

MR F.M. DOUGLAS, QC: May it please the Court, I appear with my learned friend, MR T.D. BLACKBURN, for the applicants on the first matter, and the respondents on the second matter. (instructed by Blake Dawson Waldron)

MR N.J. YOUNG, QC: May it please the Court, I appear with my learned friend, MR M.H. O'BRYAN, for the ACCC in each matter. (instructed by Australian Government Solicitor)

McHUGH J: The Court has examined the applications by both parties and prima facie it seems a case for the grant of leave in respect of both sets of applications. Does counsel want to attempt to dissuade the Court from that point of view?

MR DOUGLAS: No, your Honour.

MR YOUNG: No, your Honour. No, we do not.

McHUGH J: It is just possible, Mr Young, that if the South Sydney decision covers some of the points you want to raise in your application it might be a case for the revocation of special leave, but that is another question.

MR YOUNG: It all depends, your Honour.

McHUGH J: Yes. There will be a grant of special leave in each of these applications.

AT 10.45 AM THE MATTERS WERE CONCLUDED