Redfern v Dunlop Rubber Australia Ltd
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| Redfern v Dunlop Rubber Australia Ltd | |
|---|---|
 | |
| Court | High Court of Australia |
| Decided | 25 February 1964 |
| Citations | [1964] HCA 9, (1964) 110 CLR 194 |
| Court membership | |
| Judges sitting | Dixon CJ, McTiernan, Kitto, Taylor, Menzies, Windeyer and Owen JJ |
| Case opinions | |
| (7:0) Section 4 of the Australian Industries Preservation Act applied to a contract in the restraint of trade which dealt with intrastate and interstate trade. (per Dixon CJ, McTiernan, Kitto, Taylor, Menzies, Windeyer & Owen JJ) | |
Redfern v Dunlop Rubber Australia Ltd,[1] was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution.
The plaintiffs, Highway Tyre Service, Pakenham Tyre Service, and H.J. King Tyre Service ("Redfern") were three companies engaged in carrying on the business of buying, selling and dealing in motor and cycle tyres and tubes. The defendants consisted of five companies: Dunlop Rubber Australia Limited, B.F. Goodrich Australia Pty. Limited, The Olympic Tyre & Rubber Co. Proprietary Limited, Hardie Rubber Company Pty. Limited, and The Goodyear Tyre & Rubber Co. (Australia) Limited. These companies were all incorporated in the state of Victoria.
The companies entered into a series of contracts between them, which contained terms to the effect of fixing the prices of goods for traders, and the terms on which the goods could be retailed. It was alleged that all of this was done in restraint of, or with intent to restrain, trade and commerce among the States. The plaintiffs claimed that damage resulted from the contracts, arising in their inability to obtain tyres and other goods at wholesale prices and the ability to obtain them only at the prices established under the contracts.
The case involved the Australian Industries Preservation Act, which made it an offence to enter into a contract covering a restraint of trade. The action was commenced in the original jurisdiction of the High Court. The defendants objected to the sufficiency of the claims and the case was referred to the Full Court.