Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. G.55 of 1984
GENERAL DIVISION
BETWEEN WILLIAMS & HODGSON
TRANSPORT PrY. LIMITED
Applicant
AND: CASTLEMAINE TOOHEYS LIMITED
Respondent
CORRIGENDA
Amendment to the Reasons for Judgment of Wilcox J. delivered 9 August 1985:
Page 9 line 2, substitute "applicant" for "respondent".
Yvonne. A- Metter
¥Y. Hilton Associate to Mr Justice Wilcox
Date: 11 September 1985
3 95, CATCHWORDS
TRADE PRACTICES - Exclusive dealing - Supply of beer by corporation to retailers - Sale pursuant to c.i.f. contract - Whether supply on condition that retailers acquire transport services of a particular person - Significance of fact that corporation offers to supply relevant retailers only pursuant to "package" consisting of beer and transport and insurance services - Meaning of "acquire" services - Whether necessity for contractual relationship between transport company and
retailer - Assessment of damages.
Re Ku-ring-qai Co-operative Building Society (No 12) Limited and Dee Why Do-operative Building Society (No 29) Limited
(1978) 36 F.L.R. 134, Enzed Holdings Limited v Wynthea Pty Limited (1984) 57 A.L.R. 167 applied. S.W.B. Family Credit
Union Limited v Parramatta Tourist Services Pty Limited (1980) 48 F.L.R. 445, Chaplin v Hicks £1911] 2 K.B. 786, Biaqgin & Co Limited v Permanite Limited £19514 1 K.B. 422, Callaghan v William C Lynch Pty Limited £19623 N.S.W.R. 871 referred to.
Trade Practices Act 1974 ss.4, 4A, 47, 82
QLD G.55 of 1984
WILLIAMS & HODGSON TRANSPORT PTY LIMITED v_ CASTLEMAINE TOOHEYS LIMITED
Wilcox J.
Svdney 9 August 1985
a
IN THE FEDERAL COURT OF AUSTRALTA)
GENERAL DIVISION
RETWEER :
AND:
WILLIAMS
z
Pry. LI
Applicant
CASTLEMAINE TOOHEVS LIMITED Respondent COPAM: WILCOX v. DATE: 16 August 1985 PLACE: Sydney MINUDE OF ORDERS THE COURT ORDERS THAT: 1. The respondent 1ts servants and agents be restraineé in trade or commerce, from supolying, of fram offering to supply, beer to any person, other than a body corocrats
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