Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peters (W.A.) Ltd v Petersville Ltd [1999] FCA 1245
RESTRAINT OF TRADE - sale of business - whether a restraint given ongoing business relationships through licensing arrangements - reasonableness of restraint - whether more than adequate protection - whether reasonable in the public interest TRADE PRACTICES - relevance of s 51(2)(c) Trade Practices Act 1974 to application of doctrine of restraint of trade Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd [1968] AC 269 Appr, Discussed Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288 Cited, Refd to Peters American Delicacy Co Ltd v Patricia's Chocolates & Candies Pty Ltd (1947) 77 CLR 574 Cited Adamson v NSW Rugby League Ltd (1991) 103 ALR 319 Cited Howard F Hudson Pty Ltd v Ronayne (1972) 126 CLR 449 Cited, Discussed Herbert Morris Ltd v Saxelby [1916] 1 AC 688 Refd to Trego & Smith v Hunt [1896] AC 7 Cited
PETERS (W.A.) LTD v PETERSVILLE LTD and PETERS FOODS AUSTRALIA PTY LTD W 8 of 1999 FRENCH, KIEFEL, NICHOLSON JJ PERTH 14 SEPTEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 8 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PETERS (W.A.) LTD
(ACN 008 668 602)
Appellant
AND: PETERSVILLE LTD
(ACN 004 936 154)
PETERS FOODS AUSTRALIA PTY LTD
(ACN 000 249 132)
Respondents JUDGES: FRENCH, KIEFEL, NICHOLSON JJ
DATE OF ORDER: 10 SEPTEMBER 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal should be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIADISTRICT REGISTRY W 8 OF 1999
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