Castlemaine Toohey's v South Australia 1990 (HCA) (aka Bond Brewing Case)

Question 1

Summary

Answer 1

SA Government put a deposit requirement on a new competitor (Bond Brewing) in the SA Market.

Question 2

Relevant part of Law

Answer 2

s92 of the Constitution - Trade within the commonwealth to be free

Question 3

Issue

Answer 3

This was protectionist behaviour, therefore not free trade.

Question 4

Key Outcome

Answer 4

Behaviour was unconstitutional, HCA Protected the Constitution