FEDERAL COURT OF AUSTRALIA
Mayne Nickless Limited v Multigroup Distribution Services Pty Limited
[2001] FCA 1620TRADE PRACTICES - remedies - damages - time limitations - anti-competitive conduct - claim for injunctive relief under s 80 Trade Practices Act 1974 (Cth) - claim for damages under s 87(1) Trade Practices Act - whether claim for damages time barred - construction of s 87(1) - leave to appeal - criteria.
Trade Practices Act 1974 (Cth) s 80, s 82, s 87
Trade Practices Legislation Amendment Act 1992 (No 222 of 1992), Schedule 1
Trade Practices Amendment (Fair Trading) Act 1998 (No 36 of 1998).Sent v Jet Corporation of Australia Pty Ltd (1986) 160 CLR 540 cited
Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 cited
Johnson Tiles Pty Ltd v Esso Australia Ltd (2001) 104 FCR 564 cited
Ex parte Bucknell (1936) 56 CLR 221 cited
Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited
Minogue v Williams [2000] FCA 125 cited
Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2001] FCA 703 cited
Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514 cited
Trade Practices Commission v Milreis Pty Ltd (1977) 29 FLR 144 cited
Fenech v Sterling (1984) 4 FCR 372 cited
McKain v RW Miller & Company (South Australia) Pty Ltd (1991) 174 CLR 1 cited
Australian Iron & Steel Ltd v Hoogland (1962) 108 CLR 471 cited
David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 cited
Rudolphy v Lightfoot (1999) 197 CLR 500 cited
Nirmalan v Minister for Immigration and Multicultural Affairs [1998] FCA 672 cited
Hocine v Minister for Immigration and Multicultural Affairs (2000) 99 FCR 269 cited
Re La Rosa; Ex parte Norgard v Rodpat Nominees Pty Ltd (1991) 31 FCR 83 cited
Lezam Pty Ltd v Seabridge Australia Pty Ltd (1992) 35 FCR 535 cited
Bialkower v Acohs Pty Ltd (1998) 83 FCR 1 cited
Commonwealth v Mewett (1995) 59 FCR 391 citedMAYNE NICKLESS LIMITED v MULTIGROUP DISTRIBUTION SERVICES PTY LIMITED, TNT AUSTRALIA PTY LIMITED, ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PROPRIETARY LIMITED and J McPHEE & SON (AUSTRALIA) PTY LTD
NG 786 OF 1995WILCOX, FRENCH and DRUMMOND JJ
16 NOVEMBER 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG786 OF 1995
BETWEEN:
MAYNE NICKLESS LIMITED
(ACN 004 073 410)
APPELLANTAND:
MULTIGROUP DISTRIBUTION
SERVICES PTY LIMITED
(ACN 001 227 890)
FIRST RESPONDENTTNT AUSTRALIA PTY LIMITED
(ACN 000 495 269)
SECOND RESPONDENTANSETT TRANSPORT INDUSTRIES
(OPERATIONS) PROPRIETARY LIMITED
(ACN 004 209 410)
THIRD RESPONDENTJ McPHEE & SON (AUSTRALIA) PTY LTD
(ACN 001 856 111)
FOURTH RESPONDENTJUDGE:
WILCOX, FRENCH and DRUMMOND JJ
DATE OF ORDER:
16 NOVEMBER 2001
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The Appellant have leave to appeal.
2. The appeal be dismissed.
3. The Appellant pay the First Respondent's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order…
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- AGLC
- Mayne Nickless Ltd v Multigroup Distribution Services Pty Ltd [2001] FCA 1620
- Case
- [2001] FCA 1620
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the plaintiff's claim should be treated as one brought under section 87(1) of the Trade Practices Act, and if so, whether damages should be awarded under section 87(2)(d) if the contraventions and losses were proven. The court found that the claim's character had changed, but this did not affect the correctness of the judge's decision regarding the nature of the claim. The court held that the claim was correctly treated as brought under section 87(1), and the judge's determination was affirmed. The court also found that the judge's decision on the award of damages was correctly made in the exercise of discretion.
The court concluded that the appeal should be dismissed because the primary judge correctly identified the nature of the claim and exercised his discretion appropriately in determining the award of damages. The plaintiff was ordered to pay the costs of the appeal to the respondent.
ORDERS:
1. The Appellant has leave to appeal.
2. The appeal is dismissed.
3. The Appellant pays the First Respondent's costs of the appeal.
Orders
Orders of the court
1. The Appellant have leave to appeal.
2. The appeal be dismissed.
3. The Appellant pay the First Respondent's costs of the appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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