Campbells Cash and Carry Pty Limited v Fostif Pty Limited [2006] HCA 41

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

Matter No S514/2005

CAMPBELLS CASH AND CARRY PTY LIMITED APPELLANT

AND

FOSTIF PTY LIMITED RESPONDENT

Matter No S515/2005

AUSTRALIAN LIQUOR MARKETERS PTY LIMITED APPELLANT

AND

DALE LESLIE BERNEY RESPONDENT

Matter No S516/2005

IGA DISTRIBUTION (VIC) PTY LIMITED APPELLANT

AND

WHELAN & HAWKING PTY LIMITED RESPONDENT

Matter No S517/2005

QUEENSLAND INDEPENDENT WHOLESALERS PTY LTD APPELLANT

AND

SYDNEY RICHARD VEITCH MURRAY & ANOR RESPONDENTS

Matter No S518/2005

IGA DISTRIBUTION (SA) PTY LIMITED APPELLANT

AND

PAUL ASHLEY NEINDORF & ANOR RESPONDENTS

Matter No S519/2005

COMPOSITE BUYERS PTY LIMITED APPELLANT

AND

BARRY GEORGE WILLIAMSON & ANOR RESPONDENTS

Matter No S520/2005

IGA DISTRIBUTION PTY LIMITED APPELLANT

AND

JOANNE MARGARET GOW & ORS RESPONDENTS

Campbells Cash and Carry Pty Limited v Fostif Pty Limited

Australian Liquor Marketers Pty Limited v Berney

IGA Distribution (Vic) Pty Limited v Whelan & Hawking Pty Limited

Queensland Independent Wholesalers Pty Ltd v Murray

IGA Distribution (SA) Pty Limited v Neindorf

Composite Buyers Pty Limited v Williamson

IGA Distribution Pty Limited v Gow

[2006] HCA 41

30 August 2006

S514/2005 to S520/2005

ORDER

In each matter:

1. Appeal allowed with costs.

2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 31 March 2005 and in their place order that the appeal to that Court be dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

A J Myers QC with H K Insall SC and A E Ryan for the appellants (instructed by Freehills)

S J Gageler SC with M J Leeming for the respondents (instructed by Robert Richards & Associates)

Interveners

H C Burmester QC with R A Pepper for the Attorney-General of the Commonwealth intervening in all matters (instructed by Australian Government Solicitor)