Tavernstock Pty Ltd v. John Walker & Sons Ltd [1980] FCA 168

CATCHWORODS

Trade Practices - Proceedings for alleged contravention

of ss.46(1) and 52 - Application for interlocutory relief - Whether prima facie case established -

Balance of convenience.

Trade Practices Act, 1974 (Cth.) ss.46, 80.

TAVERNSTOCK PTY. LIMITED v. JOHN WALKER & SONS LIMITED

No. G92 of 1980. FRANKI J. 13 November 1980.

SYDNEY.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. G.92 of 1980.

GENERAL DIVISION )

BETWEEN: TAVERNSTOCK PTY. LIMITED

Applicant.

AND: JOHN WALKER & SONS LIMITED Respondent. ORDER JUDGE MAKING ORDER : FRANKI J.

DATE OF ORDER: 13 NOVEMBER 1980.

WHERE MADE SYDNEY.

THE COURT ORDERS THAT:

1. The application for interlocutory relief is dismissed.

2. The costs of the application be costs in the

cause.

IN THE FEDRRAL COURT OF AUSTRALIA)

NEW SOUTH WALES DISTRICT REGISTRY) No. G. 92 of 1980. GENERAL DIVISION ) BETWEEN: TAVERNSTOCK PTY. LIMLTED Applicant

AND: JOHN WALKER & SONS LIMITED

Respondent

CORAM: FRANKI J.

13 November 1980.

REASONS FOR JUDGMENT

I think it is desirable for me to give my judgment orally now rather than to reserve it and deliver a judgment later with reasons more fully expressed. The applicant is a liquor wholesaler which commenced business in July 1980. What I might loosely call its predecessor, Heritage Liquor Company Pty. Limited, went into voluntary Liquidation on 19 August 1980. The respondent was a large unsecured creditor of that company. The respondent is the sole producer and head distributor of Johnnie Walker Scotch whisky which 1s bottled in Australia and when I refer to Johnnie Walker Scotch whisky I am referring to the red label whisky which is bottled in Australia. The respondent sells

mainly to wholesalers but also sells to retailers.

There was evidence that the applicant sought supply of Johnnie Walker Scotch whisky from the respondent in August 1980 and after some discussions had taken place the promotion manager of the respondent said to Mr. Bundy, a director of the apvlicant, that "we have decided not to supply Tavernstock". Mr. Bundy later on the same day, which was 21 October 1980, spoke to Mr. Ritchie, the general manager of the respondent, and Mr. Ritchie said words to this effect - and I stop here to point out, as I will be mentioning later, that I am only finding these facts ina prima facie way to the extent that it is necessary for me to deal