A.H. Beard Pty Ltd v Damure Corporation Pty Ltd & Anor [1988] FCA 392

A.H. Beard Pty Ltd v Damure Corporation Pty Ltd & Anor [1988] FCA 392

The statement of claim contains sufficient material facts to sustain claims under sections 45, 47, and 49 of the Trade Practices Act, alleging price discrimination and exclusive dealing with the purpose or effect of substantially lessening competition. However, the claims under sections 45B and 46 are not supported by sufficient material facts and are struck out.

Parties
Applicant: A.H. BEARD PTY LIMITED; First Respondent: DAMURE CORPORATION PTY. LIMITED; Second Respondent: BRONSTAR PTY LIMITED (in liquidation)
Jurisdiction
Australia
Judgment Date
14 July 1988
Procedural Posture
Application to Strike Out Statement of Claim / Interlocutory Judgment
Outcome
Motion to strike out is partly granted and partly refused.
Legal Topics
Strike Out of Pleadings, Material Facts in Pleadings, Price Discrimination, Exclusive Dealing, Substantial Lessening of Competition
Competition Law Practice and Procedure Strike Out of Pleadings Material Facts in Pleadings Price Discrimination Exclusive Dealing Substantial Lessening of Competition

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Parties

A.H. BEARD PTY LIMITED

Applicant

DAMURE CORPORATION PTY. LIMITED

First Respondent

BRONSTAR PTY LIMITED (in liquidation)

Second Respondent

Procedural Posture

Application to Strike Out Statement of Claim / Interlocutory Judgment

Legal Issues

  1. 1 Whether material facts sufficient to support claims under sections 45, 47, and 49 of the Trade Practices Act are pleaded
  2. 2 Whether allegations under sections 45B and 46 are sustainable
  3. 3 Adequacy of particulars regarding price discrimination and exclusive dealing

Ratio Decidendi

The statement of claim contains sufficient material facts to sustain claims under sections 45, 47, and 49 of the Trade Practices Act, alleging price discrimination and exclusive dealing with the purpose or effect of substantially lessening competition. However, the claims under sections 45B and 46 are not supported by sufficient material facts and are struck out.

Court Disposition

Motion to strike out is partly granted and partly refused.

Orders

  • Motion to strike out the claims for relief under sections 45, 47, and 49 is refused.
  • Claims for relief under sections 45B and 46 are struck out.