Mayne Nickless Limited v Multigroup Distribution Services Pty Limited [2001] FCA 1620
Section 87(1) of the Trade Practices Act 1974 (Cth) does not impose a limitation period on claims for damages when an application is made in proceedings for injunctive relief under s 80; the claim is not time barred by s 82(2).
- Jurisdiction
- Australia
- Judgment Date
- 16 November 2001
- Procedural Posture
- Appeal / Application for Leave to Appeal and Substantive Appeal Against Interlocutory Decision
- Outcome
- Leave to appeal granted; appeal dismissed; costs ordered against appellant.
- Legal Topics
- ['remedies' 'damages' 'time Limitations' 'injunctive Relief' 'anti Competitive Conduct' 'construction of S 87(1)' 'leave to Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Leave to Appeal and Substantive Appeal Against Interlocutory Decision
Legal Issues
- 1 ['Whether claim for damages under s 87(1) Trade Practices Act is time barred' 'Construction of s 87(1) in relation to time limitations and ancillary relief' 'Criteria for grant of leave to appeal from interlocutory orders']
Ratio Decidendi
Section 87(1) of the Trade Practices Act 1974 (Cth) does not impose a limitation period on claims for damages when an application is made in proceedings for injunctive relief under s 80; the claim is not time barred by s 82(2).
Court Disposition
Leave to appeal granted; appeal dismissed; costs ordered against appellant.
Orders
- ['The Appellant have leave to appeal.' 'The appeal be dismissed.' "The Appellant pay the First Respondent's costs of the appeal."]
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