Le Ro Char Enterprises Pty Ltd v Can Recycling (SA) Pty Ltd [1999] FCA 711

Le Ro Char Enterprises Pty Ltd v Can Recycling (SA) Pty Ltd [1999] FCA 711

The applicant failed to establish, even to the interlocutory standard, that Coca-Cola Amatil and Cadbury Schweppes had acted in concert with Statewide to contravene s 45D(1). Accordingly, the threshold for a mandatory interlocutory injunction was not met and the motion was dismissed with costs.

Jurisdiction
Australia
Judgment Date
07 May 1999
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Motion Dismissed
Outcome
Motion for interlocutory relief dismissed with costs.
Legal Topics
['secondary Boycott' 'interlocutory Injunction' 'concerted Conduct' 'standing Under Trade Practices Act']
['trade Practices' 'competition Law'] ['secondary Boycott' 'interlocutory Injunction' 'concerted Conduct' 'standing Under Trade Practices Act']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Motion Dismissed

Legal Issues

  1. 1 ['Whether respondents engaged in a secondary boycott contrary to s 45D(1) of the Trade Practices Act 1974 (Cth)' "Whether evidence supported inference that respondents acted in concert to hinder applicant's business"]

Ratio Decidendi

The applicant failed to establish, even to the interlocutory standard, that Coca-Cola Amatil and Cadbury Schweppes had acted in concert with Statewide to contravene s 45D(1). Accordingly, the threshold for a mandatory interlocutory injunction was not met and the motion was dismissed with costs.

Court Disposition

Motion for interlocutory relief dismissed with costs.

Orders

  • ['The motion for interlocutory relief be dismissed.' "The Respondents' taxed costs of the motion be paid by the Applicant." 'Directions for filing further particulars, strike-out motions, defences, discovery lists, and adjournment of the directions hearing to 23 July 1999.']