Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
K & S Freighters Pty Ltd v Linfox Transport (Aust) Pty Ltd [1999] FCA 1325
TRADE PRACTICES - misuse of market power and exclusive dealing - definition of "the market" - market asserted to be market for provision of timber product haulage services to a single company - expert evidence as to breadth of market - whether asserted market "artificially narrow".
INJUNCTIONS - interlocutory injunction sought to prevent breaches of the Trade Practices Act 1974 (Cth) and of contract - termination of alleged contractual arrangements - reasonableness of notice - whether serious issues to be tried - implied contractual duty of good faith and fair dealing - balance of convenience.
Trade Practices Act 1974 (Cth), s 46, s 46(1), s 47, s 47(5), s 47(10), s 47(13), s 80
Federal Court of Australia Act 1976, s 23
Garry Rogers Motors (Australia) Pty Ltd v Subaru (Australia) Pty Ltd [1999] FCA 903 referred
Hughes Aircraft Systems International v Airservices Australia (1997) 146 ALR 1 referred
Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 referred
K & S FREIGHTERS PTY LTD v LINFOX TRANSPORT (AUST) PTY LTD S75 OF 1999 FINN J ADELAIDE 7 SEPTEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY S75 of 1999
BETWEEN: K & S Freighters Pty Ltd
Applicant
AND: Linfox Transport (Aust) Pty Ltd
Respondent
JUDGE: FINN J
DATE OF ORDER: 7 SEPTEMBER 1999
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. the notice of motion be dismissed. 2. the costs be the respondent's costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY S75 of 1999
BETWEEN: K & S Freighters Pty Ltd
Applicant
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