Burswood Management Ltd v Attorney-General (Cth)

Burswood Management Ltd sought an injunction against the Attorney-General for the Commonwealth of Australia to compel another meat company to continue supplying it with meat products. The applicant alleged that the other company had ceased to supply it when the applicant re-supplied the products to a competitor of a company associated with the other company. The matter was heard in the Federal Court of Australia, which was required to determine whether there was a serious question to be tried regarding the application of sections 46 or 47 of the Trade Practices Act 1974. The court was also required to consider the balance of convenience.

The court held that there was a serious question to be tried regarding the application of sections 46 or 47 of the Trade Practices Act 1974. It found that the applicant had demonstrated a likelihood of success on the merits of its claim, and that the balance of convenience favoured the grant of an injunction. The court noted that the applicant's business would be significantly harmed if it were forced to cease operations due to a lack of supply of primal meat products, while the other company's business would not be significantly harmed if it were required to continue supplying the applicant.

The court granted the injunction, ordering the other company to continue supplying the applicant with primal meat products in the ordinary course of its business. The court also ordered that the costs of the interlocutory application be reserved and that each party have liberty to apply upon the giving of three days' written notice to the other. The settlement and entry of orders are dealt with by Order 36 of the Federal Court Rules.