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CATCHWORDS
TRADE PRACTICES - application for leave to appeal from decision refusing interlocutory injunctions - Brewer having substantial degree of power in licensed hotels market and also 1n beer markets - whether threat to exercise power in first market to damage competitor in beer market by improper influence over brewer's tenants constituted breach of s.46 of Trade Practices Act - whether agreement proposed to be implemented would substantially lessen competition in the New South Wales wholesale beer market - claims made on guia timet basis - whether any serious question to be tried - balance of convenience - discretionary considerations in granting interim relief - undue delay in instituting proceedings.
Trade Practices Act 1974, ss. 45,46.
CARLTON AND UNITED BREWERIES (N.S.W.) PTY. LIMITED v. BOND BREWING NEW SOUTH WALES LTD, TOOTH & CO. LIMITED and BOND BREWING QUEENSLAND LTD.
NO. G.494 OF 1987.
BOWEN C.J. BEAUMONT J. FOSTER J.
19 November 1987.
SYDNEY.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No.G494 of 1987
GENERAL DIVISION
APPLICATION FOR LEAVE TO APPEAL FROM A DECISION OF A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CARLTON AND UNITED BREWERIES (N.S.W.) PTY. LIMITED
Applicant
AND: BOND BREWING NEW SOUTH WALES LTD, TOOTH & CO. LIMITED and BOND BREWING QUEENSLAND
LID. Respondents CORAM: BOWEN C.J., BEAUMONT AND FOSTER JJ PLACE: '° SYDNEY DATE: 19 November 1987
MINUTE OF ORDERS
THE COURT ORDERS THAT: The application for leave to appeal from the judgment of Wilcox J
delivered on 19 October 1987 be refused with costs.
Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No.G494 of 1987
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