Rieson v SST Consulting Services Pty Ltd (ACN 083 263 914)

[2005] FCAFC 6

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Statutes
2. › Construction
3. › Purposive or contextual construction
4. › Section enacted in response to law reform recommendation
5. › Whether purpose achieved
6. › Whether language consistent with legislative purpose
7. › Trade Practices Act 1974 (Cth), s 4L
8. › Acts Interpretation Act 1901 (Cth), s 15AA
1. Contract
2. › Illegality
3. › Severance
4. › Loan agreement made on condition that borrower would acquire specified services from third party in breach of s 47(1) of Trade Practices Act 1974 (Cth)
5. › Whether offending provision severable from loan obligation
6. › Whether illegal condition central to contractual arrangements
7. › Whether excision would alter nature of contract
8. › Principles applicable to severance
1. Trade Practices
2. › Exclusive dealing
3. › Section 47(1) of Trade Practices Act 1974 (Cth)
4. › Supply of services on condition of acquisition of services from third party
5. › Consequences of contravention for enforceability of contract

Quick Take

Where a tying condition is central to the contractual arrangements and constitutes an indivisible whole with the loan obligation, the entire loan agreement may be unenforceable if the tying arrangement contravenes s 47(1) of the Trade Practices Act, and s 4L will not save the contract.