Payless Shoes Pty Ltd v Clarks Shoes Ltd [1986] FCA 114

IE NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTPALTIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G245 of 198GENERAL DIVISION ) BETWEEN: PAYLESS SHOES PY, LIMITED S&pplicant AND: CLARKS SHOES LIMITED Respondent

Judae Making Order: Beaumont, J.

Date of Order: 4 April 1986

Mhere Made:

ydaney

tw

MINUTE OF ORDER

THE COURT ORDERS THAT:

ts

The applicant have leave to administer further

interrogatories in respect of the answers given to

fp) Loy

interrogatories EB(b)(iii) and 1lOB(r){11i), such

further interroagatcries to pé filed and served by 13 April 1986 and answers to ne filed and served Er

2 Mav 1986.

The esponaent masce a further answer to anterregatories "Ava, SAtr), Lid and 12A Dy 2 May

i386.

Sr yea ere

=

fy

na Peirnes

eee ear

Oe ecco

wth

———

The respondent Tile and

wy

erve answers to interroqatory 13 annexed to the reasons for

judgment by 2 May 1986.

The respondent pay one-half of the applicant's

costs of this application.

Settlement and entry of Orders 15 dealt with in 0.26 of the Rules of the Court.

soerer

Ill THE FEDERAL COURT OF AUSTRALIA

) ) HEW SOUTH WALES DISTRICT FEGISTRY } No. G245 of 1285 ) CENERAL DIVISION )

EETWEEN: PAYLESS SHOES PY. LIMITED Applicant AND: CLARKS SHOES LIMITED Respondent oOio =

Beaumont, J.

Lon Mea Ka oI

D: 4 April 1986

REASONS FOR JUDGMENT

4 dispute has arisen between the parties as to

answers given by the respondent ts interrogatories

tu QQ.v bo] i uw ct (D ns w p o ct or a jw dd ™ a

slacant in these proceedings alleging resale price maintenance. The applicant': case in the Principal proceedings 15 that the respondent withheld the supply cf shoes to the applicant for the reason that the applicant sold or was likely to seil aoods supplied to it by the respondent at a price less than che price specified by the respondent as the price below which the goods are not to

be sold.