Federal Court of Australia
a
CATCHWORDS
Trade Practices - contract, arrangement or understanding in restraint of trade or commerce - prior written agreement
terminated upon advent of Trade Practices Act - sole
distributorship - alleged refusal by other party to arrange~
ment to deal with third party.
Trade Practices - position substantially to control a market -
taking advantage of position - conscious predatory behaviour -
subjective purpose or motive.
Trade Practices Act 1974, ss.45 and 46,
TRADE PRACTICES COMMISSION v C.S.B.P. & FARMERS LIMITED W.A. No. G27 of 1978
CORAM: FISHER J.
PERTH
26 March 1980,
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY ) No. G27 of 1978 ) )
GENERAL DIVISION
BETWEEN: TRADE PRACTICES COMMISSION
Plaintiff
- and ~ C.S.B.P. & FARMERS LIMITED
Defendant
ORDER JUDGE MAKING ORDER: Fisher J. DATE OF ORDER: 26 March 1980 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. 2.
The plaintiff's claims herein be dismissed.
The plaintiff pay the defendant's costs to be taxed.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY No. G27 of 1978
ee ew
GENERAL DIVISION
BETWEEN: TRADE PRACTICES COMMISSION
Plaintiff
- and - C.S.B.P. & FARMERS LIMITED
Defendant
CORAM: Fisher J.
26 March 1980
REASONS FOR JUDGMENT
In this matter the Trade Practices Commission ("the Commission") by Writ of Summons dated 15 December 1978 brought proceedings
against the defendant C.S.B.P. & Farmers Limited ("C.S.B.P.")
alleging contravention of certain sections of the Trade Practices -
Act 1974 ("the Act"). The Commission seeks to recover penalties
under s.77 of the Act in respect of alleged contraventions by
C.S.B.P. of ss.45(2)(a) and 46 of the Act as those sections stood
prior to their amendment in 1977.
The Commission limited its evidence to the facts as pleaded and did not suggest that they established any contravention other than those alleged. The statement of claim is a convenient
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