Parrys Department Store (W.A.) Pty Ltd v Simpson Ltd

Parrys Department Store (W.A.) Pty Ltd brought an action against Simpson Ltd, seeking damages for loss caused by Simpson's alleged anti-competitive conduct. Simpson had a policy of maintaining minimum advertised prices for electrical goods, and it was alleged that Simpson had stopped supplying Parrys because it refused to agree to the policy. Parrys claimed that this conduct amounted to a breach of the Trade Practices Act, specifically in relation to restrictive trade practices and resale price maintenance. The case was heard in the Federal Court of Australia.

The court had to determine several legal issues, including whether Simpson's conduct constituted a restrictive trade practice, whether the practice of resale price maintenance was anti-competitive, and whether Parrys' loss was causally connected to Simpson's conduct. Additionally, the court had to consider the appropriate measure of damages, as well as the limitation period for such claims. The court also needed to determine the admissibility of findings from a previous proceeding under the Trade Practices Act and the meaning of "supplied" in this context.

The court found that Simpson's conduct did amount to a restrictive trade practice, and that the practice of resale price maintenance was anti-competitive. The court also found that Parrys' loss was causally connected to Simpson's conduct and that the limitation period had not expired. The court held that findings from the previous proceeding could be used as evidence and determined the meaning of "supplied" in the context of the case. The court ordered Simpson to pay Parrys $160,000 in damages and Simpson's costs of the application to be taxed.