Queensland Aggregates Pty Ltd & Anor v. Trade Practices Commission [1981] FCA 153

Queensland Aggregates Pty Ltd & Anor v. Trade Practices Commission [1981] FCA 153

As pleaded and particularized, the alleged offer would, if established, constitute an offer of services — ‘benefits’, ‘privileges’ — within the definition in s.4 of the Act, and there is no valid basis to constrict the definition so as to exclude the subject matter of the alleged offer in this case; the appeals should be dismissed.

Parties
Appellant: Queensland Aggregates Pty. Ltd.; Appellant: Brian White; Respondent: Trade Practices Commission
Jurisdiction
Australia
Judgment Date
22 September 1981
Procedural Posture
Appeal / Determination of a Preliminary Point of Law
Outcome
Appeals dismissed with costs.
Legal Topics
Exclusive Dealing, Interpretation of 'services' Under Trade Practices Act, Preliminary Point of Law
Trade Practices Law Exclusive Dealing Interpretation of 'services' Under Trade Practices Act Preliminary Point of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Queensland Aggregates Pty. Ltd.

Appellant

Brian White

Appellant

Trade Practices Commission

Respondent

Procedural Posture

Appeal / Determination of a Preliminary Point of Law

Legal Issues

  1. 1 Whether the alleged conduct constitutes an offer to supply services within the meaning of s.47(6) of the Trade Practices Act.
  2. 2 Interpretation of 'services' and 'supply' under s.4 and s.47(6) of the Act.

Ratio Decidendi

As pleaded and particularized, the alleged offer would, if established, constitute an offer of services — ‘benefits’, ‘privileges’ — within the definition in s.4 of the Act, and there is no valid basis to constrict the definition so as to exclude the subject matter of the alleged offer in this case; the appeals should be dismissed.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals dismissed with costs.