Federal Court of Australia
CATCHWORDS Trade Practices - Motion to dissolve injunctions restraining acquisition of shares - Relevant considerations - Meaning of
"related" corporation; "acquire".
Trade Practices Act 1974 - ss.50(1), 50(2), 81.
TRADE PRACTICES COMMISSION v. BOWRAL BRICKWORKS PTY. LIMITED AND OTHERS
No. G294 of 1984
Fox J. 23 August 1984
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
) ) ) No. G294 of 1984 ) )
BETWEEN : TRADE PRACTICES COMMISSION
Applicant AND:
BOWRAL BRICKWORKS PTY. LIMITED
First Respondent
MIDLAND BRICK COMPANY PTY. LIMITED
Second Respondent
BRISTILE LIMITED
Third Respondent
ORDER JUDGE: Fox J. DATE OF ORDER: 23 August 1984 WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. The injunctions granted on 20 August 1984 be dissolved.
2. The costs of the proceedings on 22 August 1984 be the respondents' costs in the proceedings.
3. These orders to take effect from 10.15 a.m. on 23 August
1984.
IN THE FEDERAL COURT OF AUSTRAL ) NEW SOUTH WALES DISTRICT REGISTRY No. G294 of 1984 GEN DIVISION BETWEEN : TRADE PRACTICES COMMISSION Applicant AND: BOWRAL BRICKWORKS PTY. LIMITED First Respondent MIDLAND BRICK COMPANY PTY. LIMITED Second Respondent BRISTILE LIMITED Third Respondent CORAM: FOX Jd. DATE: 23 August 1984 (EX TEMPORE) REASONS FOR JUDGMENT OX J.
On 20 August 1984 injunctions were granted against the
respondents on the ex parte application of the applicant, the
Trade Practices Commission. The relief was based on s.50 of the
Trade
Practices Act 1974 which, put shortly, prohibits an
acquisition of shares which will result in the control or
domination, or increased control or domination, of a market for
goods or services.
The injunctions related to a proposed takeover by the first respondent, which I will call Bowral Brickworks, of shares in a public company known as Calsil Limited, which I will refer to as Calsil. The injunctions were expressed to run until further order, but liberty was given to apply to vary or discharge the orders made. The respondent companies have filed a notice of motion to dissolve the injunctions, and this is opposed
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