J Kitchen and Sons Pty Ltd v Stewart's Cash and Carry Stores [1942] HCA 18

BRISBANE, July 31; Aug. 3.

SYDNEY, Aug. 26.

Latham C.J., Rich and

McTiernan JJ,

J. KITCHEN & SONS PTY. LTD.

STEWART'S CASH AND CARRY STORES

HIGH COURT (1942.

{HIGH COURT OF AUSTRATIA.]

APPELLANT ;

PLAINTIFF, AND

RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

| or A. Contract—Offer—Acceptance—Price-maintenance agreement—Indefinite duration—

Right of party to withdraw offer or determine contract—Restraint of trade— " Commercial trust"?—Directions of a commercial trust or of an association—

The Profiteering Prevention Act of 1920 (@.) (10 Geo. V. No. 33), secs. 3*, 18*.

A retailer in Queensland made an offer to a manufacturing company there in the following terms: 'I/We offer to take from you supplies of the Oxygen Washing Compound known as 'PrrsiL' at your current prices upon your usual business terms upon the following conditions, that is to say: In the event of your acceptance of my/our offer I/We would undertake not to sell any 'Pursit' at less than 6d. a packet whether I obtain 'Prrsu.' direct from you or from any other source, and I/We would not resell any ' PERsIL ;

to a Retail Trader unless such Trader had first agreed with you to conditions

similar to those of this offer. In the event of such acceptance you would not

during the currency of our arrangement supply 'Pxrsm' to any Retailer

* The Profiteering Prevention Act of 1920 (Q.) provides as follows :—Sec. 3 : —"Tn this Act, unless the context otherwise indicates, the following terms have the meanings respectively set against them, that is to say :— e "Association ' includes the union of any number of persons by or under any agreement or trust, whether temporary or permanent, and whether legally valid or not, and whether including any scheme of organisation or common management or control or not ; 'Com- mercial trust '—Any association or