Trade Practices Commission v. Queensland Aggregates Pty Ltd & Anor [1981] FCA 132

The separately tried point of law concerning whether the offer of work was "services" for the purposes of the Trade Practices Act 1974 was determined adversely to the respondents.

Jurisdiction: Australia
Judgment Date: 14 August 1981
Procedural Posture: Proceeding for Penalties and an Injunction for Alleged Breaches of S.47 of the Trade Practices Act 1974 / Point of Law Separately Tried
Outcome: Point of law decided adversely to the respondents.
Legal Topics: ['exclusive Dealing' 'services Under the Trade Practices Act 1974' 'separate Determination of Point of Law']

['trade Practices' 'competition Law'] ['exclusive Dealing' 'services Under the Trade Practices Act 1974' 'separate Determination of Point of Law']

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Procedural Posture

Proceeding for Penalties and an Injunction for Alleged Breaches of S.47 of the Trade Practices Act 1974 / Point of Law Separately Tried

Legal Issues

1 ['Whether an offer to provide work if a haulage contractor acquired a truck from another company was an offer of "services" for the purposes of the Trade Practices Act 1974.' 'Whether the alleged conduct involved exclusive dealing under s.47 of the Trade Practices Act 1974.']

Ratio Decidendi

The separately tried point of law concerning whether the offer of work was "services" for the purposes of the Trade Practices Act 1974 was determined adversely to the respondents.

Court Disposition

Point of law decided adversely to the respondents.

Orders

['The point of law which was separately tried be decided adversely to the respondents.' "The respondents pay the applicant's costs of the argument thereof."]