Case: Rural Export &amp; Trading (WA) Pty Ltd v Hahnheuser [2008] FCAFC 156 (2008) 169 FCR 583
Outcome: cited
Full Court in Rural Export &amp; Trading (WA) Pty Ltd v Hahnheuser [2008] FCAFC 156 (2008) 169 FCR 583 allowed an appeal from my judgment. The Full Court substituted for my orders dismissing the application with costs orders in the following terms: (a) it be declared that on or about 18 and 19 November 2003 at Portland, Victoria, the first respondent, in concert with another person or persons, engaged in conduct for the purpose and which had the effect of preventing and substantially hindering the second applicant from engaging in trade or commerce involving the movement of goods on the vessel MV Al Shuwaikh, being a cargo of live sheep, between Australia and places outside Australia in the Middle East, in contravention of s 45DB(1) of the Trade Practices Act 1974 (Cth) ; (b) the first respondent pay the second applicant's costs. The Full Court also remitted the matter to me for further hearing "in accordance with these reasons." In my reasons for judgment of 4 October 2007, at [37]-[45], I concluded that I was unable to say that the trade or commerce of the first applicant, Rural Export &amp; Trading (WA) Pty Ltd ("Rural Export") was hindered, whether substantially or otherwise. At [46]-[57], I came to the conclusion that the trade or commerce of Rural Export, particularly that of supplying feed to the sheep whilst they were in the feedlot, which ceased when the sheep were loaded onto trucks for carriage to the wharf, was not protected by s 45DB(1) of the Trade Practices Act . The appeal was conducted on the basis that, as I had found, the second applicant, Samex Australian Meat Co Pty Ltd ("Samex") was engaged in trade or commerce involving the movement of goods between Australia and places outside Australia, within the meaning of s 45DB(1). Rural Export did not press any separate argument. It therefore did not challenge my conclusions that its trade or commerce had not been hindered, and was not itself trade or commerce involving the movement of goods between Australia and places outside Australia. The Full Court did not find that my conclusions in those respects were in error. The terms of the declaration made by the Full Court are specific as to the trade or commerce that was hindered or prevented, namely the trade or commerce of the second applicant. At [5] of the Full Court's reasons for judgment, the Full Court said that, if Samex's appeal were to succeed, it would be necessary for me to consider Rural Export's claim under s 82 of the Trade Practices Act , for damages. At [43], the Full Court said: Rural Export and Samex asked that if Samex succeeded the matter be remitted to the primary judge for determination of the questions of damages. The appeal should be allowed, a declaration should be made reflecting the fact that Mr Hahnheuser contravened s 45DB(1) and he should be ordered to pay the costs of the proceedings below and on appeal. I therefore act on the basis that the Full Court's order, remitting the case to me "for further hearing in accordance with these reasons" is an order remitting to me questions of damages in respect of the claims of both Rural Export and Samex.