Federal Court of Australia
CATCHWORDS
Trade Practices - Contracts, arrangements or understandings
restricting dealings or affecting competition - Fact finding, inferences, onus of proof, weight of evidence, acts done and statements made on behalf of a company, relevant market—relief, costs a matter of discretion -
Comment on meaning of "understanding".
Trade Practices Act 1974, sub-para 45(2) (a) (ii),
sub-para 45(2) (b) (ii), sub-s.84(2).
MORPHETT ARMS HOTEL PTY. LIMITED v. TRADE PRACTICES COMMISSTON and NICHOLAS ENTERPRISES PTY. LIMITED
No. G19 of 1979
Coram: Bowen C.J., Brennan and Deane JJ.
1 May 1980
Adelaide.
IN THE FEDERAL COURT OF AUSTRALIA)
)
SOUTH AUSTRALIA DISTRICT REGISTRY) No. G19 of 1979
GENERAL DIVISION
JUDGES MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
) }
ON APPEAL from a Judge of the Federal Court of Australia
BETWEEN :
MORPHETT ARMS HOTEL PTY. LIMITED
Appellant
AND:
TRADE PRACTICES COMMISSION and NICHOLAS ENTERPRISES PTY. LIMITED
Respondents
Bowen C.J., Brennan and Deane JJ. 1 May 1980.—
Adelaide.
ORDER
THE COURT ORDERS THAT the appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA)
) SOUTH AUSTRALIA DISTRICT REGISTRY) No. G19 of 1979
) GENERAL DIVISION )
ON APPEAL from a Judge of the Federal Court of Australia
BETWEEN:
MORPHETT ARMS HOTEL PTY. LIMITED Appellant
AND:
TRADE PRACTICES COMMISSION and NICHOLAS ENTERPRISES PTY. LIMITED
Respondents CORAM: Bowen C.J., Brennan and Deane JJ. ' Thursday 1 May 1980. _ REASONS FOR JUDGMENT BOWEN C.J.: We propose to give judgment forthwith. Li,
This is an appeal by Morphett Arms Hotel Pty. \ Limited against orders made by Fisher J. declaring that the appellant and another company, Nicholas Enterprises Pty. Limited, had each contravened sub-para 45(2) (a) (ii)
and sub-para 45(2)(b) (ii) of the Trade Practices Act
1974 ("the Act"), imposing upon the appellant a pecuniary
penalty of $5,000 to be paid to the Commonwealth, granting
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