Federal Court of Australia
a a RI rr en RR . . - oe
CATCHWGFDS
TRADE PRACTICES - producer of beer enaaging carrier to deliver fo austomer - refusal to deliver wia rival carrier - whetner customer forced ta "acquire" services from third party - whether within s.47 Trade Practices Act - policy aspects of s.47
considered.
Trade Fractices Act 1374 sub-seens. tii), 4706), 47077), ATL)
TASTLEMAINE TOOHEYS LIMITED wv. WILLTAMS & HODGSON TFANSEFORT ETY, LIMITED
No, G80 of 1985
{ Coram: Fox. Sweenev & Lockhart JJ. fsx J (a
Tl] THE FEDEPAL COURT OF AMTISTRALIA
OUEENSLAND DISTRICT REGISTRY \ No. GO of 1985 d GENERAL DIVISION ) ON APPEAL from a sinale jiudde of che Federal Court of Australia BETWEEN: CASTLEMAINE TOOHEYS LIMITED Appellant aND: WILLIAMS 3 HODGSON TrAlisePort ELr. LIMITED Respondent MINUTE OF ORDER TUDGES MARING ORDEF : Fox. Sweeney & Lockhart Jd. DATE OF ORDER: 19 December 1985 WHERE MADE: Svdnev. THE COURT ORDERS THAT: 1. The appeal be dismissed. ae The appellant pay the respondent''s costs of the appeal.
Note; Sethlement and entrv of orders is dealt with Order of the Federal Court Rules.
IN THE FEDERAL COURT OF ANSTRALTA
QUEENSLAND DISTRICT REGISTRY No.Ga0 ef 1385
-_ we ee
SENERAL DIVISTON
BETWEEN:
CASTLEMAINE TOOHEZS EIMTTED
appellanr
VIILLEAMS S HOMGSON TRANSFORT ETY,. LIMITED
Respondent
CORAM: Fox. Sweeney and Lockhart Ji.
DATE: Lo December 1995
REASONS FOR JNOGMENT
Ex
This 153 an appeal trom the sudament of a audva cf this
WD
Court (Walcox JT: in which he found for the applicant in a
proceeding brouqht adainst the present appellant under 35.47 of
te
the Trade Practices Act, 1974 ("the Act"). The appellant makes beer in Brisbane and supplies if widely in Queensland and £0 other places. The respondent is a
carrier ina larqe wavy of Business who wishes to be able to carry
the appellant's beer to Northern Queensland. For most «of the distance, this carriage is done by rail. and this 15 arranged br
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