Williams & Hodgson Transport Pty Ltd v Castlemaine Tooheys Ltd [1984] FCA 271

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G55 of 1984 GENERAL DIVISION )

BETWEEN : WILLIAMS AND HODGSON TRANSPORT PTY LIMITED

Applicant AND; CASTLEMAINE TOOHEYS LIMITED Respondent DATE OF HEARING: 17 AUGUST 1984 DATE JUDGMENT DELIVERED: 17 AUGUST 1984 COUNSEL: . for the applicant Mr G.L. Davies Q.C. with him Mr I. McG. Wylie instructed by Ryan Archer Coutts - for the respondent Mr C.W. Pincus Q.C. with him Mr N. McLauchlan instructed by Flower and Hart 17_ AUGUST 1984 S. KIFT

ASSOCIATE TO SPENDER J.

Qn

CATCHWORDS

PRACTICE AND PROCEDURE - application to strike out Statement of Claim - significant questions as to ambit and construction of

s.47 of the Trade Practices Act 1974 - section of significance

to commercial community - principles governing applications to

strike out.

Trade Practices Act 1974, 3.47, sub-s. 47(6)

WILLIAMS AND HODGSON TRANSPORT PTY LIMITED -v- CASTLEMAINE TOOHEYS LIMITED

SPENDER J. BRISBANE 17 AUGUST 1984

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G55 of 1984 GENERAL DIVISION )

BETWEEN :

WILLIAMS AND HODGSON TRANSPORT PTY LIMITED

Applicant AND: CASTLEMAINE TOQHEYS LIMITED Respondent ORDER

JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 17 AUGUST 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

l. Dismiss the Respondent's application to stike out the Statement of Claim.

2. Costs of the application to strike out the Statement of Claim be the applicant's costs in the cause.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G55 of 1984 GENERAL DIVISION )

BETWEEN : WILLIAMS AND HODGSON TRANSPORT PTY LIMITED

Applicant

CASTLEMAINE TOOHEYS LIMITED