Wenpac Pty Ltd v Allied Westralian Finance Ltd

This matter came before the High Court of Australia on an application for special leave to appeal. The parties were Wenpac Pty Ltd (applicant) and Allied Westralian Finance Ltd (respondent). The dispute concerned the interpretation of section 87 of the Trade Practices Act and similar provisions in State Fair Trading Acts, as well as the circumstances under which a mandatory injunction should be granted. The case involved a gold mine located at Marble Bar, where plant and equipment were installed.

The High Court was asked to determine two significant legal issues. Firstly, the proper interpretation of section 87 of the Trade Practices Act and equivalent State legislation, an area where the Court had previously only touched upon the matter in passing. Secondly, the circumstances in which a mandatory injunction should be granted, particularly in light of a division of judicial opinion between former Chief Justice Sir Harry Gibbs and Justice Gummow of the Federal Court, with the trial judge having followed the latter's reasoning.

The applicant argued that the equipment at the mine was subject to a lease that, in 1990, became a hire purchase agreement. This transformation, it was contended, rendered any repossession clauses void under section 28 of the Hire Purchase Act of Western Australia and made it an offence for the owner to sustain such clauses. The applicant sought leave to reopen this matter, which had not been before the Full Court during the main appeal. The effect of the interlocutory orders below, which had been stayed, was that the equipment could be removed, forcing the applicant to cease mining operations, dismiss staff, and subsequently seek new equipment.