Ausfield Pty Ltd v Leyland Motor Corp of Australia Ltd [1977] FCA 48

46]7)

Tou Yes

-\ FEDERAL COURT OF

REGISTRY co" Li -

Trade Practices - Giving effect to arrangement or understanding in restraint of trade - Whether act done in relation tc remuneration of employees or by an vorganization of employees - Whether making arrangement

or eutering into understanding is an "act" - When act

msfield Pty. Limited v. Leviand Motor Corsoration of

dustralia Limited

No. G 40 cf 1977

Q 3

fe)

Sree

Bowen C.J., Northrop wid Meane JJ.

Fepey YUL IN THE FEDERAL COURT OF AUSTRALIA C AUS COUR : Alig NEW SOUTH WALES DISTRICT REGISTRY ) No. G 40 € 197 Petr <

GENERAL DIVISION SL

ON APPEAL FROM a single Judge of the Federal Court of Australia

BETWEEN: AUSFIELD PTY. LIMITED

Appellant AND: LEYLAND MOTOR ~CORPORATI LON OF

SANT

AUSTRALIA Lik

Responden= hem

ee

CORAM: BOWEN C.3., NORTHROP AND DEANE ¢

22nd July, 1977

JUDGMENT

BOWEN C.J.: This matter is urgent. For that reason we have not taken the time to consider our reascns in detaii and tc formulate them in writing, as otherwise we might have done. We propose to give oral judgment.

Ausfield Pty. Limited, the appellant, brought proceedings against Leyland Motor Corporation ef Australia Limited, the respondent, seeking an injunction under s.€0 of the Trade Practices Act 1974, The relief sought was directed towards restraining the respondent trom giving effect to an arrangement or understanding between the respcendent and The Federated Storemen and Packers Unicon of Australia which was to the effect

that the respondent would refrain from supplying the 2opellant

with automotive parts and accessories. Additionai relief

was sought in the nature of an injunction based on s.46 of the Trade Practices Act relating to monopolisation but this aspect of the case has net been argued on this appeal.

The matter, which was commenced on 23rd June 1977, was heard by Franki J. on 29th June 1977. His Honour refused the injunctions sought and dismissed the proceedings. It is against his Honour's decision that this appeal is brought.