SST Consulting Services Pty Ltd v Rieson

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, HEYDON AND CRENNAN JJSST CONSULTING SERVICES PTY LIMITED  APPELLANTANDSTEPHEN CHARLES RIESON & ANOR  RESPONDENTSSST Consulting Services Pty Limited v Rieson [2006] HCA 3115 June 2006S452/2005ORDER1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 15 February 2005 and, in their place, order that the appeal to that Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation:C J Birch SC with K W Dawson for the appellant (instructed by Henderson Taylor Workplace Lawyers)R I M Lilley with P R Franco for the respondents (instructed by Synkronos Legal)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSST Consulting Services Pty Limited v Rieson Trade Practices – Restrictive trade practices – Exclusive dealing – Trade Practices Act 1974 (Cth) ("TPA"), s 47(1) – Loan agreement obliged borrower to acquire services of a particular kind from third persons specified by the lender – Lender thereby engaged in "exclusive dealing" in breach of s 47(1) of the TPA – Guarantors of loan sought to avoid enforcement of guarantee on basis that contract was void and unenforceable for illegality – Whether contract void or unenforceable for illegality – Relevance of other forms of relief available under ss 87 and 87A – Whether severance an exceptional form of relief – Whether TPA, s 4L permitted or required severance of the prohibited provision.Statutes – Interpretation – Structure...