Trade Pactices Commission v Bata Shoe Co of Australia Pty Ltd [1980] FCA 56

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CATCHWORDS Trade Practices —- resale price maintenance - undertaking proffered to court ~ imposition of injunction - contraventions arising out of one course of conduct - imposition of pecuniary penalty. Trade Practices Act, 1974 (Cth.) s. 76, 80, 96 (3) (a) (b) (£)

TRADE PRACTICES COMMISSION ~— Applicant BATA SHOE COMPANY OF AUSTRALIA PTY. LIMITED

NO. G 16 OF 1979 LOCKHART J.

FRIDAY 2 MAY 1980

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW_ SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

IN THE MATTER OF

BETWEEN :

AND:

ORDER

JUDGE MAKING ORDER: DATE OF ORDER:

WHERE MADE:

THE COURT ORDERS THAT:

1. The respondent by itself its servants and agents be restrained

No. G 16 of 1979

THE TRADE PRACTICES ACT 1974

TRADE PRACTICES COMMISSION

Applicant

BATA SHOE COMPANY OF AUSTRALTA

PTY, LIMITED Respondent

LOCKHART J. FRIDAY, 2 MAY 1980

SYDNEY

until further order from withholding the supply of Bata

branded leather footwear from any retailer for the reason that

such retailer has sold or is likely to sell such footwear

supplied to it by the respondent at a price less than a price specified by the respondent as a price below which such footwear , 1s not to be sold;

2. The respondent pay to the Commonwealth of Australia by way of penalty in respect of the contraventions of s. 48 of the Trade Practices Act 1974 alleged in the statement of claim herein the following pecuniary penalties:-

(a) fave thousand dollars ($5,000.00) in respect of the contravention alleged in paragraph 73 (b) five thousand dollars ($5,000.00) in respect of the

contravention alleged in paragraph 8;

«22/2

(c)

five thousand dollars ($5,000.00) 1n respect of the

contravention alleged in paragraph 9;

two thousand dollars ($2,000.00) in respect of the

contravention alleged in paragraph 213

two thousand dollars ($2,000.00) an respect of the

contravention alleged in paragraph 22;