Top Performance Motors Pty Ltd v Ira Berk (Queensland) Pty Ltd

24 FLR 286
5 ALR 465

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Between: Top Performance Motors Pty Ltd
And: Ira Berk (Queensland) Pty Ltd

Court:

Judges: Joske J
Smithers J
Evatt J

Subject References:
Trade practice
Cancellation of dealership by sole distributor
Appointment of another dealer
Whether distributor gave effect to arrangement in restraint of trade
Whether distributor had used its power to control a market to eliminate a competitor in the market

Legislative References:
(CTH) Trade Practices Act 1974 - s 45(2)(b); s 46

Hearing date: 27 February 1975
Judgment date: 3 April 1975

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ORDER

This court doth order that:

(a)

this application be dismissed, and

(b)

the applicant pay to the respondent its costs of and incidental to this application such costs to be taxed by the Registrar.