Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [2001] FCA 226

Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [2001] FCA 226

There is no limitation period which, in law, applies to a claim for relief under s 87(1) of the Trade Practices Act 1974 (Cth) for contravention of Part IV when the relief is sought as ancillary to a claim for injunction under s 80. Claims for damages must be brought within three years under s 82(2), but this does not bar compensatory relief under s 87(1) in s 80 proceedings. An account of profits as a remedy is not available under s 87(1) because s 87 confers a compensatory, not restitutionary, power.

Parties
Applicant: Multigroup Distribution Services Pty Ltd; First Respondent: TNT Australia Pty Limited; Second Respondent: Ansett Australia Limited; Third Respondent: Mayne Nickless Limited; Fourth Respondent: J McPhee & Son (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
12 March 2001
Procedural Posture
Civil / Interlocutory Determination of Separate Questions (limitation Period and Account of Profits) Prior to Final Trial
Outcome
The separate questions regarding limitation period and availability of account of profits are answered in the negative; the proceeding stands over for further orders.
Legal Topics
Injunctions, Accounts of Profits, Damages, Time Limits Under Trade Practices Act 1974 (cth), Fraudulent Concealment, Ancillary Relief
Trade Practices Competition Law Remedies Limitation of Actions Injunctions Accounts of Profits Damages Time Limits Under Trade Practices Act 1974 (cth) +2 more

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Parties

Multigroup Distribution Services Pty Ltd

Applicant

TNT Australia Pty Limited

First Respondent

Ansett Australia Limited

Second Respondent

Mayne Nickless Limited

Third Respondent

J McPhee & Son (Australia) Pty Limited

Fourth Respondent

Procedural Posture

Civil / Interlocutory Determination of Separate Questions (limitation Period and Account of Profits) Prior to Final Trial

Legal Issues

  1. 1 Whether any limitation period applies to a claim for relief under s 87(1) of the Trade Practices Act 1974 (Cth) for contravention of Part IV
  2. 2 Whether an account of profits is available as a remedy under s 87(1) for the causes of action pleaded

Ratio Decidendi

There is no limitation period which, in law, applies to a claim for relief under s 87(1) of the Trade Practices Act 1974 (Cth) for contravention of Part IV when the relief is sought as ancillary to a claim for injunction under s 80. Claims for damages must be brought within three years under s 82(2), but this does not bar compensatory relief under s 87(1) in s 80 proceedings. An account of profits as a remedy is not available under s 87(1) because s 87 confers a compensatory, not restitutionary, power.

Court Disposition

The separate questions regarding limitation period and availability of account of profits are answered in the negative; the proceeding stands over for further orders.

Orders

  • The proceeding stand over for further orders.