Australian Consolidated Press Ltd v Davids Holdings Pty Ltd & Anor [1986] FCA 470

NOT_FOR GENERAL DISTRIBUTION

IN_THE F AL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G469 of 1986 ) GENERAL DIVISTON )

BETWEEN:

AUSTRALIAN CONSOLIDATED PRESS LIMITED

Apolicant AND:

DAVIDS HOLDINGS PTY. LIMITED

Peapandent

CORAM: FOX J DATE: 24 OCTOBER 1986

REASONS FOR JUDGMENT (EX TEMPORE)

FOX J. This is an application for interlocutory iniunctions.

the principal basis for which is 3.46 of the Trade Practices Ack

1974. The matter was heard an affidavit evidence. with some supplementarv oral evidence. all produced on behalf of the applicant. The respondent did ner file an affidavit or cross-examine the witnesses called for the applicant. It velies

en deficiencies which it claims exist in the arolicant's

evidence.

The applicant is a publisher involved in the advertisind business. The respondent ("Davids Holdinas") is aR

distributor/wholesaler., with some retail outlets of its own.

The applicant has spent a considerable sum of monev. about $800.000. and its officers have spent much time. overa period of a year or go. in preparing a scheme for what is called "Cents-Off Couponina". This scheme is described bv Mr McGeorae,

an executive director of the applicant as follows:

"The svstem of Cents-Off Couponina involves the following steps:-

(a) the publication and distribution of a brochure of coupons.,...Manufacturers of products pav the

publisher for the right to have their products featured in the brochure:

(b) the brochures are distributed to consumers who take the brochures to retail stores and provide to that store a coupon in respect of a particular product which thev wish to purchase. The store then deducts the discount stated on the coupon from the price of the qoods:

(c) the used coupons are forwarded to the publisher of the brochure which on behalf of the manufacturer refunds to the store the face value of the coupon plus a handling fee;