Simpson Ltd v. Hubbards Pty Ltd [1982] FCA 222

CATCHWORDS

Trade Practices - Resale price maintenance - Measure of damages -

Whether allowance should be made for income tax.

Trade Practices Act 1974 ss. 48, 82.

SIMPSON LIMLTED v. HUBBARDS PTY. LIMITED

No. Gll of 1982

CORAM: Bowen C.J., Franki and McGregor JJ.

Sydney.

20 October, 1982.

IN THE FEDERAL COURT

SOUTH AUSTRALIA DISTRICT REGISTRY No. Gll of 1982

wwe YS YS

GENERAL DIVISION

BETWEEN SIMPSON LIMITED Appellant AND BUBBARDS PTY. LIMITED Respondent ORDERS JUDGES MAKING ORDERS: Bowen C.J., Franki and McGregor JJ. WHERE MADE: Sydney. DATE OF ORDERS: 20 October, 1982. THE COURT ORDERS THAT: - 1. The appeal and cross-appeal be allowed. 2. The order of the Federal Court of Australia of 23 April

1982 be varied by substituting in paragraph 1 the sum of Sixty thousand five hundred and seventeen dollars ($60,517) in lieu of the sum of Fifty two thousand three hundred and seventy three dollars ($52,373).

3. The appellant pay to the respondent three quarters of

its costs of the appeal and cross-appeal.

IN THE FEDERAL COURT

SOUTH AUSTRALIA DISTRICT REGISTRY No. Gll of 1982

wee ww

GENERAL DIVISION

BETWEEN SIMPSON LIMITED Appellant AND

HUBBARDS PTY. LIMITED

Respondent

CORAM: Bowen C.J., Franki and McGregor JJ.

20 October 1982.

REASONS FOR JUDGMENT

The Court: This is an appeal by Simpson Limited (appellant) against an assessment of damages made by a judge of this Court in a judgment given on 23 April 1982 in favour of Hubbards Pty. Limited (respondent) for the sum of $52,373, (1982) A.T.P.R. 40-295.

The respondent's claim for damages was based on the appellant's having engaged in the practice of resale price maintenance contrary to s.48 of the Trade Practices Act 1974 (the Act). Such damages are recoverable pursuant to s.82 of the Act.

The findings of the trial Judge included findings that the appellant was a large supplier of electrical goods to