Traztand Pty Ltd v Bousfield, Ron & ors [1984] FCA 339

Traztand Pty Ltd v Bousfield, Ron & ors [1984] FCA 339

Section 45D of the Trade Practices Act 1974 does not afford a cause of action against servants or agents of a corporation acting within the scope of their authority, when the corporation ceases trading with another entity as a result of their actions.

Parties
Applicant: Traztand Pty Limited; First Respondent: Ron Bousfield; Second Respondent: Richard Hyde
Jurisdiction
Australia
Judgment Date
23 October 1984
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Secondary Boycott, Liability of Servants or Agents, Scope of Authority
Trade Practices Secondary Boycott Liability of Servants or Agents Scope of Authority

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Parties

Traztand Pty Limited

Applicant

Ron Bousfield

First Respondent

Richard Hyde

Second Respondent

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether servants or agents of a corporation acting within the scope of their authority are liable under section 45D when they cause that corporation to cease trading with the applicant.
  2. 2 Interpretation and application of section 45D of the Trade Practices Act 1974.

Ratio Decidendi

Section 45D of the Trade Practices Act 1974 does not afford a cause of action against servants or agents of a corporation acting within the scope of their authority, when the corporation ceases trading with another entity as a result of their actions.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant to pay the respondents’ costs.