An action where the respondent made an application pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) (FCA) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) for summary judgment in respect of all or part of the applicant’s claim.
The applicant, B & K Holdings (Qld) Pty Ltd (B&K), and the respondent, Garmin Australasia Pty Ltd (Garmin), were previously engaged in a mutually beneficial business relationship pursuant to which B&K was the exclusive Australian distributor of certain of Garmin’s products. B&K claimed against Garmin pursuant to s 46 of the Competition and Consumer Act 2010 (Cth) (CCA); that Garmin misused its market power in contravention of s 46(1) of the CCA; and by entering in to a new supply contract with another distributor Garmin was in contravention of s 47 of the CCA.
Mei Barnes (with M Martin QC) appeared on behalf of the Applicant, instructed by Mills Oakley.
The judgment can be read here.