Top Performance Motors Pty Ltd v Ira Berk (Queensland) Pty Ltd
24 FLR 2865 ALR 465
Between: Top Performance Motors Pty Ltd
And: Ira Berk (Queensland) Pty Ltd
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
Judgment date: 3 April 1975
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.
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