Federal Court of Australia
CATCHWORDS
Trade Practices - s. 46, s. 80 Trade Practices Act, 1974 -
refusal by Respondent to grant an allowance under s. 54
(2) (dad) of the Dairy Industry Act, 1984 (Victoria) an exercise
of market power - doubt as to Respondent's power to make allowance - interlocutory injunctive relief sought for
misuse of market power - mandatory relief refused, absence
of requisite high degree of assurance - imposition of condition of trading ~ telief granted as serious question to be tried
and balance of convenience in favour of the Applicant.
MIDLAND MILK PTY. LIMITED & ORS. v.
VICTORIAN DAIRY INDUSTRY AUTHORITY
G677 of 1987
CORAM: M. L. FOSTER, J.
DATE: THURSDAY, 24 DECEMBER, 1987.
PLACE: SYDNEY.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G677 of 1987
GENERAL DIVISION
BETWEEN: MIDLAND MILK PTY. LIMITED
First Applicant
DAVIDS HOLDINGS PTY. LIMITED
Second Applicant
JEWEL FOOD STORES PTY. LIMITED
Third Applicant
AND: VICTORIAN DAIRY INDUSTRY AUTHORITY
Respondent
THURSDAY, 24 DECEMBER, 1987
' MINUTES OF ORDER
CORAM: FOSTER, J. DATE:
PLACE: SYDNEY
1.
Order that, upon the first applicant, giving the usual undertaking as to damages, the respondent, until the hearing or further order of the Court, be restrained
from giving effect to or enforcing compliance with the term and condition imposed by the Authority on supply
of milk to the first applicant, Midland, pursuant to the notice dated 26 November, 1987, being part of exhibit
GTC 21 to the Affidavit of Grant Thomas Crothers sworn
on 30 November, 1987; thatmilk, other than milk previously accepted by the Authority, shall not be delivered to or received at the nominated premises of Midland, where
such milk is to be used and is in fact used for manufacture of products other than market milk.
Costs reserved.
yw ete eee mma ee
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IN THE FEDERAL COURT OF AUSTRALIA
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