Federal Court of Australia
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CATCHWORDS
Trade practices - resale price maintenance - attempting to induce dealer not to sell at prices less than those specified - withholding of supplies of goods - procuring associated company to withhold supplies - review of penalty and injunction by appellate court -— Trade Practices Act 1974
ss.48, 96(1), (3), 98(1).
Pye Industries Sales Pty. Limited v. Trade Practices Commission
G. No. 157 of 1978.
Coram: Smithers, J.B. Sweeney and Northrop JJ. 17 August 1979 Sydney
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2 FEDERAL COURT OF AUSTRALIA )
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NEW SOUTH WALES DISTRICT REGISTRY No. G. 157 of 1978
GENERAL DIVISION
BETWEEN:
PYE INDUSTRIES SALES PTY. LIMITED
Appellant
AND:
TRADE PRACTICES COMMISSION
Respondent
ORDER
JUDGES MAKING ORDER: Smithers, J.B. Sweeney and Northrop JJ.
DATE OF ORDER: 17 August 1979 WHERE MADE: Sydney
The Court orders that:
1.
3.
The injunction granted on 29 November 1978
be discharged.
Otherwise the appeal be dismissed.
The appellant pay to the respondent one half of
its costs of and incidental to this appeal.
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*IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. G. 157 of 1978 GENERAL DIVISION
BETWEEN:
PYE INDUSTRIES SALES PTY. " LIMITED
Appellant
AND:
TRADE PRACTICES COMMISSION
Respondent
Coram: Smithers, J.B. Sweeney and Northrop JJ.
17 August 1979
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REASONS FOR JUDGMENT
The appellant appeals against a judgment delivered on 29 November 1978 under which it was ordered to pay a pecuniary penalty of $120,000 to the Commonwealth and was restrained from engaging in the practice of resale price maintenance in relation to the marketing of television receivers under the trade name "Pye" and was ordered to pay
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