Reddy Cut Garments Pty Ltd & the Trustees of the sisters of St Joseph v Housewives United Buyers Co-Op

Housewives United Buyers Co-operative Limited commenced proceedings against Reddy Cut Garments Pty Ltd and the Trustees of the Sisters of St. Joseph, alleging a contract, arrangement or understanding between the latter two parties to supply school uniforms to pupils and parents at schools operated by the Sisters of St. Joseph at Revesby and Milperra. The Housewives United Buyers Co-operative sought an order restraining the respondents from carrying out or acting in accordance with the terms of the alleged contract, arrangement or understanding. The Housewives United Buyers Co-operative also sought damages and an order restraining the Sisters of St. Joseph from allowing or permitting the use of their premises for the sale of school uniforms. The court was required to determine whether the Housewives United Buyers Co-operative had established a prima facie case for interlocutory relief, and if so, whether the balance of convenience favoured granting such relief. The court found that the Housewives United Buyers Co-operative had not established a prima facie case for interlocutory relief, as there was no direct evidence of an arrangement between the Sisters of St. Joseph and Reddy Cut Garments Pty Ltd, and there was no evidence of a purpose to eliminate or substantially damage competition in the market for school uniforms. The court dismissed the motion for interlocutory relief and reserved costs.