Federal Court of Australia
CATCHWORDS
Trade Practices —- Resale price maintenance ~ Adm2zssion
of breach by dofemdiant -
s. 76.
Assessment of pecuniary penalty
TRADE PRACTICES COMMISSION v. MALLEYS LIMITED
LOCKHART J.
FRIDAY 13 JULY 1979
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ee oe re ene pe me Re ee eee ee
IN THE FEDERAL COURT OF AUSTRALIA ) NEW_SOUTH WALES DISTRICT REGISTRY No. G 51 of 1978
GENERAL DIVISION
IN THE MATTER OF the Trade Practices Act 1974
BETWEEN: TRADE PRACTICES COMMISSION
Plaintiff Defendant ORDER JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: FRIDAY 13 JULY 1979 ' WHERE MADE: SYDNEY
UPON THE DEFENDANT by its counsel, undertaking toa the court that it will not by itself its servants or agenis engage in the practice of resale price maintenance in relation
to "Whirlpool" appliances in contravention of the Trade Practices Act 1974,
THE COURT ORDERS THAT:
1. The defendant pay to the Commonwealth of Australia by way of penalty in respect of the admitted contravention of the
resale price maintenance provisions of the Trade Practices Act 1974 the sum of $10,000.00,
2. Pursuant to s. 77 of the Tradc Practices Act 1974 judgment be entered for the Trade Practices Commission on behaif of the Commonwealth of Australia for the sum of $10,000.00.
3. The defendant be ordered to pay the plaintiff's costs of and incidental to these proceedings.
ere aes
Se TE ree IE EE TET LR A, Fe TTR, EO AON RTM ET IT TRO SA ETE TTOT CEE STEED, IT 1" RTA . {oF
IN TIE IEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. G 51 of 1978
GENERAL DIVISION
IN THE MATTER of the Trade Practices Act 1974
TRADE PRACTICES COMMISSION
BETWEEN: Plaintiff AND: MALLEYS LIMITED Defendant
REASONS FOR JUDGMENT
LOCKHART J.
[3 fety 1979
4 ¢g This is a claim by the plaintiff, Trade Practices
Commission ("the Commission") against the defendant Malleys
Limited ("Malleys") for a pecuniary penalty and for an
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