Trade Practices Commission v. Queensland Aggregates Pty Ltd & Anor [1981] FCA 132

CATCHWORDS

Trade Practices - exclusive dealing - offer to provide work if haulage contractor acquired truck from another company - whether offer of work "services" for purposes of Trade Practices Act 1974 - ss.4, 47(1), (6) and {13)

thereof.

TRADE PRACTICES COMMISSION v. QUEENSLAND AGGREGATES PTY. LIMITED and BRIAN WHITE

No. Qld. G 3 of 1981)

CORAM: SHEPPARD J.

Date: 14 August, 1981

Place: Sydney

IN THE FEDERAL COURT OF AUSTRALIA }

QUEENSLAND DISTRICT REGISTRY ) No. G 3 of 1981

GENERAL DIVISION

BETWEEN

TRADE PRACTICES COMMISSION Applicant AND

QUEENSLAND AGGREGATES PTY. LIMITED and BRIAN WHITE

Respondents

CORAM: SHEPPARD J. ' ue huqual 19s}

REASONS FOR JUDGMENT (On Point of Law Separately Tried)

This is the determination of a point of law the argument upon which was heard separately as the result of an order made by me pursuant to Order 29 Rule 2 of the Rules. The Commission is suing the respondents for penalties and an injunction in realtion to a number of alleged breaches of s.47 of the Trade Practices Act 1974. The section prohibits exclusive dealing. The scheme of ut is to proscribe in sub-section (1) the practice of

exclusive dealing and then in succeeding sub-sections to

IN THE FEDERAL COURT OF AUSTRALIA } QUEENSLAND DISTRICT REGISTRY } No. G 3 of 1981 GENERAL DIVISION

BETWEEN TRADE PRACTICES COMMISSION

Applicant

QUEENSLAND AGGREGATES PTY, LIMITED and BRIAN WHITE

Respondents

JUDGE MAKING ORDER: SHEPPARD J. DATE OF ORDER: 14 August, 1981 WHERE MADE: Sydney

THE COURT ORDERS THAT: 1. The point of law which was separately tried be decided adversely to the respondents. 2. The respondents pay the applicant's costs of the

argument thereof.