Federal Court of Australia
+ JUDGMENT No. $22./ 61.
—_—
CATCHWORDS
TRADE PRACTICES = Lease by hotel owner to brewer of chain of hotels - Application for interlocutory injunction - Application made after extensive litigation in Supreme Court between same parties on other aspects of the agreement - Alleged monopolisation - Alleged exclusionary dealing - Agreement allegedly having effect of substantially lessening competition - Whether there 1S a serious question to be tried on any of these claims - Application for interlocutory
injunction refused.
Trade Practices Act 1974 ss.4D, 45, 46.
NSW G.494 of 1987 CARLTON AND UNITED BREWERIES (NSW) PTY LIMITED v_ BOND BREWING NEW SOUTH WALES LIMITED & ORS
Wilcox J Sydney 19 October 1987
eA) ~ 2 NOV 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.494 of 1987
~~ errr
GENERAL DIVISION
BETWEEN: CARLTON AND UNITED BREWERIES (NSW) PTY LIMITED
Applicant
AND: BOND BREWING NEW SOUTH WALES LIMITED
First Respondent
TOOTH & CO LIMITED
Second Respondent
BOND BREWING QUEENSLAND LIMITED
Third Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 19 OCTOBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
l. The application to extend the interlocutory
injunction be refused.
2. The Application in the principal proceeding and the notice of motion to dismiss or stay the principal proceeding filed on behalf of the second respondent be stood over to the directions list on Friday 23
October 1987.
3. The applicant pay the costs of today of each of the
respondents.
4. Liberty be granted to apply on 48 hours' notice in relation to the undertaking as to damages, or in
respect of any other interlocutory matter.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.494 of 1987
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