Trade Practices Commission v Nicholas Enterprises Pty Ltd & Ors [1979] FCA 143

CATCHWORDS

Trade Practices - Injunction - Pecuniary Penalty - Circumstances

and extent of contravention - effect of understanding on

market - Trade Practices Act ss. 76,80,82.

Procedure - costs - unfettered discretion of court or judge - discretion to award costsS against successful party in exceptional circumstances - conduct of defendant tending to bring about litigation - untruthful answers to s.155 notice - two defendants represented by same counsel and solicitors - plaintiff's costs increased by jJoinder of other successful

defendants - Federal Court of Australia Act s.43,

TRADE PRACTICES COMMISSION v NICHOLAS ENTERPRISES PTY. LTD. SATURNO HOLDINGS PTY. LIMITED REX FREEHOLD PTY. LIMITED MORPHETT ARMS HOTEL PTY. LIMITED LION BUS CO. PTy. LIMITED MERIT NOMINEES PTY. LIMITED

GENERAL DEVELOPMENT CORPORATION PTY. LIMITED

AGETT NOMINEES PTy. LIMITED

S.A. No. G3 of 1978 Fisher J. Adelaide

11 December 1979

ar reer mene * - ee eee

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G3 of 1978 ) )

GENERAL DIVISION

BETWEEN:

TRADE PRACTICES COMMISSION Plaintiff

- and -

NICHOLAS ENTERPRISES PTY. LIMITED First Defendant

SATURNO HOLDINGS PTY. LIMITED Second Defendant REX FREEHOLD PTY. LIMITED Third Defendant

MORPHETT ARMS HOTEL PTY. LIMITED Fourth Defendant LION BUS CO. PTY. LIMITED Fifth Defendant

MERIT NOMINEES PTY. LIMITED Sixth Defendant

GENERAL DEVELOPMENT CORPORATION PTY. Seventh Defendant LIMITED

AGETT NOMINEES PTY. LIMITED Eighth Defendant

CORAM: Fisher J

11 December 1979

This matter was called on for argument on 5 November 1979 on the two matters of pecuniary penalties and restraining orders

and on 6 November 1979 for argument on the question of costs.

Counsel for the plaintiff sought an injunction against the Royal Oak and the Morphett Arms restraining them from contravening 8.45 of the Trade Practices Act 1974 ("The Act") in the manner which has been the subject of these proceedings. He put forward