Re Media, Entertainment and Arts Alliance; Ex parte Hoyts Corporation Pty Ltd

The High Court of Australia considered an application by Hoyts Corporation Pty Ltd for a writ of prohibition against the Media, Entertainment and Arts Alliance. The dispute concerned the Alliance's alleged contravention of s 45D of the *Trade Practices Act 1974* (Cth) by engaging in conduct that had the purpose or effect of causing substantial loss or damage to Hoyts. Hoyts sought to restrain the Alliance from continuing this conduct.

The central legal issue before the High Court was whether the Alliance's actions constituted conduct that was "unreasonable" for the purposes of s 45D(2)(a)(ii) of the *Trade Practices Act 1974* (Cth). This required the Court to determine the scope and application of the "unreasonableness" limb of the provision, which focused on whether the conduct was engaged in for the purpose of, or had the effect of, causing substantial loss or damage to a third party.

The Court analysed the purpose and effect of the Alliance's conduct in relation to Hoyts. It was held that the Alliance's actions were engaged in for the purpose of causing substantial loss or damage to Hoyts, and that this purpose was sufficient to establish a contravention of s 45D, irrespective of whether the conduct was also unreasonable in some broader sense. The Court emphasised that the statutory test for unreasonableness under s 45D(2)(a)(ii) was satisfied if the conduct was engaged in for the purpose of causing substantial loss or damage to the organisation.

The High Court made orders absolute for the writ of prohibition, restraining the Media, Entertainment and Arts Alliance from engaging in the conduct in question.