A.H. Beard Pty Ltd v Damure Corporation Pty Ltd & Anor [1988] FCA 392

WUT For GENEAAL JUDGMENT No. 34927 SS.

CATCHWORDS

PRACTICE AND PROCEDURE —- Application to strike out statement of claim — need to allege material facts —- agreement entered between parties - price discrimination such as to cause a_ substantial lessening of competition - exclusive dealing by the first respondent so as_ to have

the effect of substantially lessening competition — monopolisation of the market.

Trade Practices Act 1974 - ss 4D, 45, 45B, 46, 47 and 49 Federal Court Rules — Order 11 Rule 16

A.H. BEARD PTY LIMITED Applicant -v- DAMURE CORPORATION PTY. LIMITED First Respondent

BRONSTAR PTY LIMITED (in liquidation) Second Respondent

No. G. 157 of 1988

CORAM: Einfeld J in DATE: 14 July 1988 fix / Spits WN

PLACE: Sydney

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

No. G 157 of 1988

NEW SOUTH WALES DISTRICT REGISTRY

ween

CORAM:

DATE:

PLACE:

NOTE:

Between: A.H. BEARD PTY LIMITED Applicant And: DAMURE CORPORATION PTY.LIMITED

First Respondent

And: BRONSTAR PTY LIMITED (in liquidation)

Second Respondent

Einfeld J. 14 July 1988

Sydney

MINUTE OF ORDERS AND DIRECTIONS

The motion to strike out the claim for relief in the statement of claim under sections 45, 47 and 49 is refused.

The claims for relief in the statement of claim under sections 45B and 46 are struck out.

Any amended application and statement of claim is to be filed and served by not later than 4 pm on Tuesday, 26 July 1988.

Costs in this motion are to be costs in the cause.

Settlement and entry of orders are dealt with in accordance with order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) GENERAL DIVISION ) No. G 157 of 1988 ) )

NEW SOUTH WALES DISTRICT REGISTRY

Between: A.H. BEARD PTY LIMITED Applicant And: DAMURE CORPORATION PTY.LIMITED

First Respondent

i

BRONSTAR PTY LIMITED (in liquidation)

Second Respondent

CORAM: Einfeld J.