Thomson Publications (Australia) Pty Ltd v Trade Practices Commission & Ors [1979] FCA 119

CATCHWORDS

Trade Practices - contract, arrangement, understanding -

price fixing - recommended liquor price guides - pecuniary penalties and injunctive relief sought by Trade Practices Commission against original defendants - terms of settlement, undertakings and consent orders - damage to legitimate business activities of appellant - joinder of appellant as a defendant - exercise of judicial discretion - power of court to accept undertakings and grant injunction - injunctive relief and damage to third parties - whether terms of settlement breach s.45D - nature and function of Commission - whether bound

by Act - whether injunction made by consent beyond jurisdiction

of court inherent and associated jurisdiction of Court.

ON APPEAL from a single judge of the Federal Court of Australia.

BETWEEN : THOMSON PUBLICATIONS (AUSTRALIA) PTY. LIMITED Appellant (110th Defendant)

AND: TRADE PRACTICES COMMISSION & OTHERS

Respondents (Plaintiff and ist to 100th and 102nd to 109th Defendants)

No. G49 of 1978

CORAM: Northrop, Deane and Fisher JJ.

DELIVERED: Melbourne

DATE: 14 November, 1979.

te Cr

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

Australia against the Respondents the 16th Defendant, Cadea

No. G 49 of 1978

=

BETWEEN : THOMSON PUBLICATIONS AUSTRALIA) PIY. LIMITED Appellant (110th Defendant) AND : TRADE PRACTICES COMMISSION & OTHERS Respondents (Plaintiff and 1st to 100th and 102nd to 109th Defendants) ORDER JUDGES MAKING ORDER: ; Northrop, Deane and Fisher JJ. . DATE OF ORDER: 44 November, 1979 : WHERE MADE: Melbourne t THE COURT ORDERS THAT: 1. The injunctions granted by the Federal Court of

(No. 5) Pty. Limited; the 17th Defendant, Harbeck Holdings

Pty. Limited; the 18th Defendant, D. Ryan Hotels Pty. Limited;