Federal Court of Australia
' / / . ee \ . arf 7 MR PS LeCK HAR | CATCHWORDS ST
\
Trade Practices - practice - determining pecuniary penalty where admissions made ~ whether sworn evidence required - whether affidavits to be filed and served before hearing -
whether deponents to attend Court.
Trade Practices - resale price maintenance ~ manufacturer attempting to induce retailer not to sell goods below specified price - ignorance that conduct contrary to law -
pecuniary penalty - Trade Practices Act 1974 ss. 48, 76, 96.
Trade Practices Commission v. Madad Pty Ltd trading as Sealy of Australia
No. Gl of 1978
Keely J. 15 March 1979
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
UEENSLAND DISTRICT REGISTRY
BETWEEN:
No. Gl of 1978
Net Ne et Ne
TRADE PRACTICES COMMISSION Plaintiff
- and -
MADAD PTY LTD trading as SEALY OF AUSTRALIA Defendant
JUDGE MAKING ORDER: KEELY, J.
WHERE MADE: Melbourne
DATE OF ORDER: 15 March 1979
THE COURT ORDERS THAT:
1.
2.
- The defendant pay to the Commonwealth, in respect
of the contraventions of s.48 of the Trade Practices
Act 1974 alleged in the statement of claim herein,
as amended by leave at the hearing, the following
pecuniary penalties:
(a) $7,000.00 in respect of the contravention alleged in paragraph 4 thereof;
(b) $7,000.00 in respect of the contravention alleged in paragraph 7 thereof;
(c) $7,000.00 in respect of the contravention alleged in paragraph 9 thereof.
Pursuant to s.77 of the Trade Practices Act 1974
judgment be entered for the Trade Practices Commission
on behalf of the Commonwealth of Australia for the sum of $21,000.00. 3. The defendant pay to the plaintiff the costs of and
incidental to these proceedings including all costs
previously reserved by the Court.
Te Re ee ar
——- +++ se 4. — --
nae Aare oe Sed Ne et vn at eee
stele Auk eked
A elm te eee © Ranent st bate metal ln .
IN THE FEDERAL COURT OF AUSTRALIA ) ) No. Gl of 1978
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