Trade Practices Commission v Bowral Brickworks Pty Ltd & Ors [1984] FCA 254

Trade Practices Commission v Bowral Brickworks Pty Ltd & Ors [1984] FCA 254

On the present evidence, the concept of 'related' corporations must be that provided in s.4A(5). It does not apply to make Bowral Brickworks related to the other respondents. There is no sufficient evidence that the other respondents would 'acquire' the shares. Therefore, the basis for continuation of the injunctions fails.

Parties
Applicant: Trade Practices Commission; First Respondent: Bowral Brickworks Pty. Limited; Second Respondent: Midland Brick Company Pty. Limited; Third Respondent: Bristile Limited
Jurisdiction
Australia
Judgment Date
23 August 1984
Procedural Posture
Motion to Dissolve Injunctions / Interlocutory Application
Outcome
Injunctions dissolved; costs to respondents.
Legal Topics
Injunctions, Acquisition of Shares, Meaning of 'related' Corporation, Meaning of 'acquire'
Trade Practices Law Injunctions Acquisition of Shares Meaning of 'related' Corporation Meaning of 'acquire'

Case Brief

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Parties

Trade Practices Commission

Applicant

Bowral Brickworks Pty. Limited

First Respondent

Midland Brick Company Pty. Limited

Second Respondent

Bristile Limited

Third Respondent

Procedural Posture

Motion to Dissolve Injunctions / Interlocutory Application

Legal Issues

  1. 1 Whether Bowral Brickworks and other respondents are 'related' corporations under s.50(2) of the Trade Practices Act 1974
  2. 2 Whether the proposed acquisition of shares contravened s.50
  3. 3 Whether an injunction should be continued or dissolved

Ratio Decidendi

On the present evidence, the concept of 'related' corporations must be that provided in s.4A(5). It does not apply to make Bowral Brickworks related to the other respondents. There is no sufficient evidence that the other respondents would 'acquire' the shares. Therefore, the basis for continuation of the injunctions fails.

Court Disposition

Injunctions dissolved; costs to respondents.

Orders

  • The injunctions granted on 20 August 1984 be dissolved.
  • The costs of the proceedings on 22 August 1984 be the respondents' costs in the proceedings.