Top Performance Motors v Ira Bern

TOP PERFORMANCE MOTORS PTY LTD V IRA BERN [1975] 24 FLR 286

Australian Industrial Court – 3 April 1975

FACTS

Top Performance (Top) was the holder of a dealership to sell Datsun Motor Vehicles in the Gold Coast region. Ira Bern was the wholesale distributor of Datsun Motor Vehicles in Queensland and had granted the Gold Coast dealership to Top.

Ira also sold Datsun Motor Vehicles at the retail level. Ira terminated the dealership after giving the appropriate notice. Top sued Ira pursuant to sections 45(2)(b) and 46 of the Trade Practices Act.

ISSUE

Was there a market for the sale of Datsun Motor Vehicles in the Gold Coast?

Had Ira and the new dealer entered into an arrangement or understanding in restraint of trade or commerce?

Had Ira abused its market power by terminating the dealership?

FINDING

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