S.W.B. Family Credit Union Ltd v. Parramatta Tourist Services Pty Ltd [1980] FCA 152

« IN THE FEDERAL COURT OF AUSTRALIA }

NEW_SOUTH WALES DISTRICT REGISTRY N.S.W. No. G9 of 1977

GENERAL DIVISION ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: S.W.B. FAMILY CREDIT UNION LTD. Appellant (First Defendant) and PARRAMATTA TOURIST SERVICES PTY. LIMITED Respondent (Plaintiff) CATCHWORDS

Trade practices -— exclusive dealing - offer by credit union to credit account of member with rebate if member made booking through particular travel agent -—- whether crediting of rebate provision

of "services" ~— whether offer by credit union to provide rebate made on condition that member "will" deal with travel agent -

Trade Practices Act 1974 s.4, s.47(6).

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N.S.W. No. G9 of 1977 GENERAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: S.W.B. FAMILY CREDIT UNION LTD. Appellant (First Defendant) and PARRAMATTA TOURIST SERVICES PTY. LIMITED Respondent (Plaintiff) ORDER JUDGES: Smithers, Northrop, Sheppard, JJ. DATE OF ORDER: 31 October 1980 WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. The appeal be allowed with costs. 2. The orders made on 27 February 1979 be discharged and in lieu thereof the proceedings be dismissed with costs.

3. The cross appeal be dismissed with costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY G No. 9 of 1979

GENERAL DIVISION

BETWEEN: S.W.B. FAMILY CREDIT UNION LIMITED

Appellant

AND: PARRAMATTA TOURIST

SERVICES PTY. LIMITED

Respondent

Coram: Smithers, Northrop and Sheppard JJ.

°

St October 1980

REASONS FOR JUDGMENT

SMITHERS J.: This is an appeal by S.W.B. Family Credit Union Ltd. the first~named defendant in the proceedings below and a cross appeal by the respondent Parramatta Tourist Services Pty.

Limited, the plaintiff in those proceedings, against a decision of

Franki J. restraining the appellant,