ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA V. G. GRAMP & SONS PROPRIETARY LIMITED

ATTORNEY-GENERAL OF THE OF AUSTRALIA

REASONS FOR JUDGMENT

Judgment delivered at_SYDNEY on WEDNESDAY, 30th JUNE 1965

'A.C. Brooks, Government Printer, Melbourne 7634.60

(Plaintiff)

Ve G. _ GRAMP. SONS PRO) Y LIM. (Defendant) ORDER

Declare that on 14th October 1963 the defendant, at Canberra, and in breach of s. 7B of the Australian Industries Preservation Act 1906-1950, refused, except upon disadvantageous conditions, to sell to MeP.R. Pty. Limited certain goods, to wit a quantity of wines, for the reason that M.P.R. Pty. Limited was dealing with and intending to deal with Murrayvale Wines (A.C.T.) Pty. Limited.

Convict the defendant of the said offence.

Order that the defendant pay to the plaintiff a pecuniary penalty of Fifty Pounds.

Further order that the defendant pay the plaintiff's costs of the action.

BILLIE MACKIE SNEDDEN, ATTORNEY-GENERAL OF pe MMONWEALTH OF AUSTRAL TU (Plaintiff)

Ve

G, GRAMP & SONS PROPRIETARY LIMITED (Defendant)

JUDGMENT TAYLOR J.

BILLIE MACKIE SNEDDEN, ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA

(Plaintiff) Ve Gs GRAMP & SONS PROPRIETARY LIMITED (Defendant)

The proceedings in this case are similar to those in Attorney-General of The Commonwealth of Australia v. Dalgety Trading Company Pty. Limited. However the evidence in this case, unlike the evidence in that case, discloses quite clearly that there was a refusal on the part of the defendant's agent, acting within the scope of his authority, to execute an order given on behalf of M.P.R. Pty. Limited by its manager Ross and accepted by the defendant's agent, except upon conditions which I shall refer to immediately. The order was given and accepted in the ordinary course of business on 14th October 1963 but within a few hours of its acceptance Ross was informed by the defendant's agent that it would be fulfilled only if M.P.R. was prepared to pay a surcharge of twenty-five per cent in addition to the ordinary list prices for the goods the subject of the order and to pay eash on delivery. Ross, on behalf of M.P.R., said, in effect, that his company was not prepared to accept these conditions and the order was cancelled.