Federal Court of Australia
CATCHWORDS
Trade Practices - Exclusive Dealing ~ refusal to supply goods - market - competition - whether conduct likely to have effect of substantially lessening competition.
Trade Practices Act,1974 ss. 47(1), 47(3) (a) (dad), 47(10) (a), 47(13) (b)
HECAR INVESTMENTS NO 6 PTY LIMITED v. OUTBOARD MARINE AUSTRALIA PTY LIMITED
No G9 of 1982
25 June 1982 Franki J. SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SCUTH WALES DISTRICT REGISTRY) No. G9 of 1982
GENERAL DIVISION )
BETWEEN: HECAR INVESTMENTS No. 6 PTY. LIMITED
Applicant
AND: OUTBOARD MARINE AUSTRALIA PTY. LIMITED
Respondent ORDER JUDGE MAKING ORDER: Franki J. DATE OF ORDER: 25 June 1982 WHERE MADE: Sydney. THE COURT ORDERS THAT: 1. The respondent by its servants and agents be
restrained in trade or commerce from engaging
in the practice of exclusive dealing by refusing to supply Evinrude engines, spare parts or accessories to the applicant in contravention of s.47 of the Trade Practices Act, 1974
2. The respondent pay the applicant's costs.
3. Either party may apply to relist the matter for further consideration of the precise form of the order until 5pm. on 8 July 1982.
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY) NO. G.9 OF 1982
GENERAL DIVISION )
BETWEEN: HECAR INVESTMENTS NO. 6 PTY. LIMITED
Applicant
AND: OUTBOARD MARINE AUSTRALIA PTY. LIMITED
Respondent CORAM: Franki J. 25 June 1982. REASONS FOR JUDGMENT The applicant, Hecar Investments No. 6 Pty.
Limited ("Hecar"), carries on business under the name "Powercraft Marine" at Belmont near Newcastle in the State of New South Wales, inter alia, supplying outboard motors, parts and service for Evinrude motors. The respondent, Outboard Marine Australia Pty. Limited ("OMA"), is a company which manufactures in Australia and sells, inter alia, outboard motors and parts. The motors are sold under the name Evinrude and Johnson and an Evinrude motor does not differ from a Johnson motor. Hecar seeks
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