Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arrowcrest Group Pty Ltd v Ford Motor Company of Australia Ltd [2002] FCA 1450 UNCONSCIONABLE CONDUCT – contract for supply of components to motor vehicle manufacturer – whether refusal to supply after expiration of contract unless at prices unacceptable to manufacturer amounts to unconscionable conduct – whether manufacturer at special disadvantage CONTRACT – implied term – contract for supply of components to motor vehicle manufacturer for fixed term not coinciding with life of vehicle model – whether obligation to supply for period between end of term and commencement of new model PRACTICE AND PROCEDURE – short form judgment
Trade Practices Act 1974 (Cth) ss 47(7), 51AA, 51A, 52, 80, 82 and 87 Walford v Miles [1992] 2 AC 128 at 138 cited McKay v National Australia Bank Ltd [1998] 4 VR 677 cited Blomley v Ryan (1956) 99 CLR 362 at 405 applied Louth v Diprose (1992) 175 CLR 621 cited CG Berbatis Holdings Pty Ltd v Australian Competition and Consumer Commission (2001) 185 ALR 555 applied Australian Competition and Consumer Commission v Samton Holdings Pty Ltd (2002) 189 ALR 76 applied Westpac Banking Corporation v Cockerill (1998) 152 ALR 267 cited Rookes v Barnard [1964] AC 1129 at 1168 cited Ford Motor Company of Australia Pty Ltd v Arrowcrest Group Pty Ltd [2002] FCA 1156 at [8] cited Enzed Holdings Ltd v Wynthea Pty Ltd (1984) 57 ALR 167 at 183 cited Byrnes v Jokona Pty Ltd [2002] FCA 41 at [110] cited Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 at 355 cited Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 cited Mersey Steel and Iron Co v Naylor Benzon & Co (1884) 9 AC 434 at 443-444 cited Maple Flock Co Ltd v Universal Furniture Products (Wembley) Ltd [1934] 1 KB 148 at 157 cited McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 at 477 cited Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942] AC 435 at 475 cited McKernan v Fraser (1931) 46 CLR 343 at 395-396 cited Tyrone M Carlin, "The Rise (and Fall?) of Implied Duties of Good Faith in Contractual Performance in Australia" (2002) 25(1) UNSW Law Journal 99 referred to
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