CSR Ltd & CSR Redymix (Qld) Pty Ltd v Wagner Investments Pty Ltd [2002] QSC 130

QL-lio State Reporting Bureau Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. iRFViSED COPIES ISSUED • DAnr-J'tinn Rnmmi State Reporting Bureau l Pate^f'' SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION MACKENZIE J No 2982 of 2002 CSR LIMITED (ACN 000 001 276) AND CSR READYMIX (QLD) PTY LTD (ACN 055 429 199) Applicant and WAGNER INVESTMENTS PTY LTD (ACN 011 055 271) Respondent BRISBANE ..DATE 18/04/2002 JUDGMENT ARNING. The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal ffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for leir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those rtegories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- HIS HONOUR: I would just mention that there seems to have been some eccentricity that crept into the printing of the judgment in the sense that the paragraphs start at number 2. We will try to fix that up. Nonetheless, it does not change the outcome . The following declarations and order are made: 1. A declaration that according to its true construction clause 9.1.3 of the agreement for sale dated 2nd of October 1998 prevents the applicant from supplying sand and gravel for use by the person intended to be supplied where the purpose of supplying it is to enable the latter to carry on its business activities within a 15 kilometre radius of the Grantham land referred to in the agreement, notwithstanding that - (a) The applicant does not intend to locate business premises or operate a quarry within the 15 kilometre radius; and (b) The registered office or principal place of business of the person intended to be supplied is not within that 15 kilometre radius. 2. A declaration that clause 9.1.3 is not unenforceable on the ground that it is unreasonable restraint of trade . 3. An order that the applicant pay the respondent' s costs of and incidental to the application to be assessed. 18042002 T1/PMD7 M/T 1/2002 (Mackenzie J) 2 JUDGMENT -- 2 of 3 -- 18042002 I publish T1/PMD7 M/T 1/2002 (Mackenzie J) my reasons . 10 20 30 40 50 60 3 JUDGMENT -- 3 of 3 --