Australian Rugby Union Ltd v Hospitality Group Pty Ltd

The Australian Rugby Union Ltd (ARU) brought an application against Hospitality Group Pty Ltd (THG) regarding the sale of corporate hospitality packages for international rugby matches organised by the ARU. The ARU sought relief under section 52 of the Trade Practices Act 1974 (Cth) and sought interim injunctions preventing THG from offering such packages. The court needed to determine whether the representations made by THG regarding the availability of tickets breached section 52 and whether the ARU was entitled to the relief sought.

The court considered the market for corporate hospitality packages for international rugby matches organised by the ARU. The market was defined as including the sale of packages with various services for a group of persons. The court assessed the evidence presented by both parties and considered the market realities and the contemporaneous documents. The court found that THG's representations about the availability of tickets were misleading and amounted to a breach of section 52. However, the court held that the ARU was not entitled to the wide-ranging injunctive relief sought, as the primary purpose of section 52 was to protect consumers, not to enforce contractual obligations or prevent other torts. The court considered it sufficient to restrain THG from representing that tickets or admission to the ground were guaranteed.

The court ordered that the proceedings be stood over for a short period to allow the parties to bring in short minutes of order, which should give effect to the reasons provided and deal with costs and the fourth respondent. The court also invited the parties to draw its attention to any necessary matters it may have overlooked.