Sundararajah v Teachers Federation Health Limited [2011] FCA 1031

FEDERAL COURT OF AUSTRALIA

Sundararajah v Teachers Federation Health Limited [2011] FCA 1031 Citation: Sundararajah v Teachers Federation Health Limited [2011] FCA 1031

Parties: DR RAAHULAN SUNDARARAJAH v TEACHERS FEDERATION HEALTH LIMITED (ABN 86 097 030 414)

File number: NSD 1314 of 2010

Judge: FOSTER J

Date of judgment: 2 September 2011

Catchwords: CONTRACTS – whether there should be implied into a commercial contract an obligation to exercise a power to terminate that contract without cause in good faith – whether, assuming such an obligation of good faith, the power of termination was exercised other than in good faith TRADE PRACTICES – whether the supplier of electronic payment facilities in respect of the payment of private health fund benefits engaged in unconscionable conduct by exercising a contractual power to terminate a commercial contract without having to demonstrate good cause – whether the supplier of those services misused market power in the relevant market for the provision of dental services by exercising its contractual entitlement to terminate the contract pursuant to which electronic payment services were provided

Legislation: Trade Practices Act 1974 (Cth), ss 46, 51AA, 51AC, 80

Cases cited: Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (ACN 008 168 090 (No 2) (2009) 253 ALR 324 cited Burger King Corp v Hungry Jack's Pty Ltd (2001) 69 NSWLR 558 cited Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd (1999) ATPR 41-703 cited Hoppers Crossing Club Ltd v Tattersalls Gaming Pty Ltd [2005] VSC 114 cited Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (2010) 15 BPR 28,563 cited Metropolitan Life v RJR Nabisco (1989) 716 F Supp 1504 cited Tomlin v Ford Credit Australia [2005] NSWSC 540 cited Vodafone Pacific Ltd v Mobile Innovations Ltd [2004] NSWCA 15 cited