Federal Court of Australia
*.2235
ATCHWORDS
Trade practices (restrictive) - taking advantage of market power to keep out new entrant to market - taking advantage of market power to deter or prevent competition in market - personal applicant a former employee of respondent - applicant desirous of entering market in competition with respondent - respondent receives information of premises proposed to be leased hy
applicant - respondent endeavours to take lease of premises
itself - whether respondent taking advantage of market power for
purpose of keeping applicant out of maarket or deterring or
preventing competition in market.
Trade Practices Act 1974, ss. 4F, 46 and 84
JOHN NEAL WILLIAMS and ANOR. v. PAPERSAVE PTY LIMITED
No. G189 of 1987
Coram: Sheppard J. Date : 19 May 1987
Place: Sydney
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WALES DIS CT REGISTRY No. G189 of 1987
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IVISTON BETWEEN: JOHN NEAL WILLIAMS and ANOR Applicant AND PAPERSAVE PTY LIMITED Respondent SHEPPARD J. SYDNEY 19 MAY 1987
MINUTES OF ORDER
THE COURT ORDERS THAT: -
l.
2.
The interlocutory injunction granted herein be dissolved. The parties be released from all undertakings given by them to the Court.
The application be dismissed.
The applicants pay the respondent's casts of the
application.
Settlement and entry of orders 15 dealt with in Order 36
of the Federal Court Rules.
N QURT_OF IA
NEW S WAL: TR GISTRY No. G189 of 1987
GENERAL DIVISION
ed
BETWEEN: JOHN NEAL WILLIAMS and ANOR.
Applicant
BAPERSAVE PTY LIMITED
Pespondent
CORAM: SHEPPARD J. DATE : 19 MAY 1987
REASONS FOR JUDGMENT
HIS HONOUR: This is the final hearing of an application for a permanent injunction to restrain the respondent from committing breaches of s. 46 of the Trade Practices Act 1974 ("the Act") which are alleged against it. The proceedings were commenced only on 4 May 1987. Originally interlocutory relief was sought, but the nature of the case is such that the subject matter of the proceedings, a proposed lease of premises in Camperdown, would be likely to be lost if the parties were to await a final determination of the issues between them for very long. In those circumstances they agreed to turn the hearing of the interlocutory application into a final hearing. I directed that the matter should proceed without pleadings and on affidavit
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