Boral Masonry Ltd (Formerly Boral Besser Masonry Ltd v Australian Competition and Consumer Commission

This matter concerned an application by Boral Masonry Ltd (formerly Boral Besser Masonry Ltd) for leave to appeal to the High Court of Australia from a judgment of the Full Federal Court. The dispute arose from proceedings instituted by the Australian Competition and Consumer Commission (ACCC) alleging contraventions of the *Trade Practices Act 1974* (Cth) by Boral Masonry.

The primary legal issue before Hayne J was whether the Full Federal Court had erred in its determination of the appeal, thereby providing grounds for special leave to appeal to the High Court. This involved assessing whether the Full Federal Court had correctly applied the relevant provisions of the *Trade Practices Act 1974* (Cth) and established legal principles to the facts of the case as found by the primary judge and considered on appeal.

Hayne J considered the arguments presented by Boral Masonry regarding alleged errors in the Full Federal Court's reasoning. His Honour's analysis focused on whether the Full Federal Court had misconstrued the statutory provisions or applied incorrect legal tests in its assessment of the alleged contraventions. The decision ultimately turned on whether Boral Masonry had demonstrated a sufficient arguable case of error to warrant the granting of special leave to appeal.

Special leave to appeal was refused.