SST 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 and meaning of s 4L - Whether s 4L engaged common law "rules" of severance - Whether identifiable "rules" of severance existed at common law - Relevance of rules of severance devised and applied in other contexts.

Statutes – Interpretation - Statutory context of s 4L - Objects and purpose of the TPA - Relevance of legislative history of s 4L - Relevance of report of committee (Swanson Committee) appointed to review legislation prior to introduction of s 4L.

Words and phrases – "exclusive dealing", "illegality", "in so far as", "making of a contract", "severance", "subject to", "third line forcing".

Trade Practices Act 1974 (Cth) – ss 4L, 47(1), 47(6), 87.