Abstract:
The recent High Court decision in Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001)
75 AUR 600 was eagerly awaited as the first exposition of the judgment in the Queensland
Wire case. This article traces the Melway litigation and considers whether it has clarified the
law regarding the right of a person with a substantial degree of market power to refuse to
supply. It also examines other cases in which the issue has been raised. The article finds that
the High Court's options to support the validity of the refusal to supply were narrowed by the
finding of "proscribed purpose" in the lower courts and this prevented a satisfactory
resolution of the issue. It concludes by suggesting the grounds which may now be available for
a person with a substantial degree of market power to refuse to supply.
