Federal Court of Australia
nt
ae Trade Practices - restrictive trade practices - resale price maintenance - manufacturer's minimum advertised price policy regarding sale of electrical goods - whether manufacturer
withholding supply by reason of reseller failing to agree not to
advertise goods at prices less than those specified by
manufacturer - causal connection between manufacturer's conduct and reseller's loss or damage - calculation of loss or damage suffered - limitation period - findings in previous proceeding
under Trade Practices Act to be evidence - meaning of "supplied"
Trade Practices Act 1974 ss. 4F(b), 48, 77, 82, 83, 96(3), 96(7), Federal Court Rules Order 11 rule 13(3)
PARRYS DEPARTMENT STORE (W.A.) PTY. LTD. v. SIMPSON LIMITED
No. WAG 46 of 1980
Toohey J. Perth 15 September 1983
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
) ) WESTERN AUSTRALIA ) No. WAG 46 of 1980 ) )
GENERAL DIVISION
BETWEEN:
PARRYS DEPARTMENT STORE (W.A.) PLY. LTD.
Applicant
and
SIMPSON LIMITED
Respondent ORDER JUDGE MAKING ORDER : Toohey J. DATE OF ORDER : 15 September 1983 WHERE MADE : Perth
THE COURT ORDERS THAT:
l.
The respondent Simpson Limited pay to the applicant Parrys
Department Store (W.A.) Pty. Ltd. the sum of $160,000
damages.
The respondent pay the applicant's costs of the application
to be taxed.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
PARRYS DEPARTMENT STORE
No. WAG 46 of 1980
(W.A.) PTY. LTD.
and
Applicant
SIMPSON LIMITED
CONTENTS
The Claim
The Limitation Period The Legal Framework
The Essence of the Claim Parrys' Organization Simpson's Organization
The Business Relationship Between Parrys and Simpson
Simpson's M.A.P. Policy Events at Riverside Hotel The Closing of Parrys' Account
The Closure of Parrys' Account - Simpson's Reasons
Section 83 - Finding in Proceedings to be Evidence
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