Cool & Sons Pty Ltd trading as Wagga Windscreen Service v O'Brien Glass Industries Ltd

The case between Cool & Sons Pty Ltd, trading as Wagga Windscreen Service, and O'Brien Glass Industries Ltd was brought before the court due to alleged breaches of the Trade Practices Act 1974. The applicant, Cool & Sons, claimed that the respondent, O'Brien Glass, had engaged in exclusive dealing practices, discriminated between purchasers regarding discounts, attempted to induce Cool & Sons into a price arrangement, and maintained resale prices, all of which substantially lessened competition within the windscreen supply and fitting market. The applicant further sought damages for loss of profit and a general damages claim.

The court had to decide whether the respondent's conduct constituted an exclusive dealing arrangement, discriminatory pricing practices, and resale price maintenance. It was also required to interpret the term "supply of goods" to determine if it included the supply and fitting of windscreens. Additionally, the court had to determine the appropriate quantum of damages for the loss of profit and assess the claim for general damages under the Trade Practices Act 1974.

The court found in favour of the applicant, ruling that the respondent's actions did indeed amount to exclusive dealing, discriminatory pricing, and resale price maintenance, which substantially lessened competition in the market. The court clarified that the term "supply of goods" did encompass the supply and fitting of windscreens. The court awarded the applicant $4,670.00 in damages for loss of profit and dismissed the claim for general damages. It also ordered the respondent to pay the applicant's costs of the action. The further hearing was adjourned to a later date to be fixed.