S.W.B. Family Credit Union Ltd v. Parramatta Tourist Services Pty Ltd [1980] FCA 152

S.W.B. Family Credit Union Ltd v. Parramatta Tourist Services Pty Ltd [1980] FCA 152

The appellant's arrangement did not contravene s.47(6) of the Trade Practices Act because the supply or offer to supply was not made on a proscribed condition requiring members to undertake or be obliged to acquire services from the designated travel agent; merely promising a benefit if members did so does not trigger exclusive dealing provisions.

Parties
Appellant (first Defendant): S.W.B. Family Credit Union Ltd.; Respondent (plaintiff): Parramatta Tourist Services Pty. Limited
Jurisdiction
Australia
Judgment Date
31 October 1980
Procedural Posture
Appeal / Judgment After Appeal From Single Judge of Federal Court
Outcome
Appeal allowed; cross appeal dismissed.
Legal Topics
Exclusive Dealing, Trade Practices Act 1974 S.47, Restrictive Trade Practices
Competition Law Exclusive Dealing Trade Practices Act 1974 S.47 Restrictive Trade Practices

Case Brief

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Parties

S.W.B. Family Credit Union Ltd.

Appellant (first Defendant)

Parramatta Tourist Services Pty. Limited

Respondent (plaintiff)

Procedural Posture

Appeal / Judgment After Appeal From Single Judge of Federal Court

Legal Issues

  1. 1 Whether the appellant's arrangement to credit members with a rebate for bookings made through a particular travel agent constitutes exclusive dealing under s.47(6) of the Trade Practices Act 1974
  2. 2 If an offer to provide a rebate is made on condition that member will acquire travel agent's services from designated person
  3. 3 Whether the credit union's conduct constitutes 'supply of services' and meets the statutory threshold for restrictive trade practices

Ratio Decidendi

The appellant's arrangement did not contravene s.47(6) of the Trade Practices Act because the supply or offer to supply was not made on a proscribed condition requiring members to undertake or be obliged to acquire services from the designated travel agent; merely promising a benefit if members did so does not trigger exclusive dealing provisions.

Court Disposition

Appeal allowed; cross appeal dismissed.

Orders

  • Appeal allowed with costs.
  • Orders made on 27 February 1979 discharged; proceedings dismissed with costs.