Borden Australia Pty Ltd v Monsanto Australia Ltd [1983] FCA 428

: CY) _A2P §3

JUDGMENT No. ....ssosesosssonsel sscessssseve

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G1ll4@ of 1952

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GENERAL DIVISION

DOE & (ROCEOURE BETWEEN: BORDEN AUSTRALIA PTY. OBJECMOS TD INTELLOCATOLIES bimirep Applicant AND: MONSANTO AUSTRALIA LIMITED Respondent

CORAM: Lockhart J.

15 April, 1983

REASONS FOR JUDGMENT EX TEMPORE

LOCKHART J. Borden Australia Pty. Limited, the applicant, seeks an order requiring Monsanto Australia Limited, the respondent, to answer certain interrogatories which the

respondent has declined to answer.

Before turning to the interrogatories in dispute 1 shall say something about the case itself. The applicant and the respondent each manufactures ana sells chemicals ana other goods, including a product known as phenolic resin.

The respondent also manufactures a prceduct phenol which is

used in the manufacture of phenolic resin.

The applicant alleges that the respondent is engaging in the proscribed practice of price discrimination contrary

to the provisions of s.49 of the Trade Practices Act 1974

("the Act") in that in its trade or commerce it is discriminating between purchasers of goods of like grade and quality in relation to the prices charged for the goods, and the discrimination is of such magnitude or is of such a recurring or systematic character that it has or is likely to have the effect of substantially lessening competition in a market for goods, being a market in which the respondent

supplies those goods.

The applicant alleges in effect, as 1 understand it, that the respondent is charging the applicant higher prices for the purchase of phenol than the respondent charges other purchasers, and that in all the relevant circumstances a breach of s.49 results. The applicant also, as I understand it, bases its case upon an alleged breach of s.46 of the Act by the respondent relating to mcnopolisation. The respondent