Federal Court of Australia
> é 5 CATCHWORDS
Trade Practices - practice - determining pecm-iary penalty where admissions made - whether agreed facts constitute
sufficient material for court
Trade Practices - resale price maintenance - manufacturer attempting to induce retailer not to sell or advertise goods below specified prices - matters in mitigation of
penalty - pecuniary penalty
Trade Practices - resale price maintenance - employee of manufacturer knowingly concerned in or party to contravention - matters in mitigation ~ pecuniary penalty - Trade Practices
Act 1974 ss.48, 76, 96
Trade Practices Commission v. Dunlop Austraiia Limited and John Anthony Steele
(VG No. l of 1980) Coram: Keely J. 25 June 1986
Melbourne
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HAIR CRT SERRE eI BAERS ASIN Hyman
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 1 of 1980
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GENERAL DIVISION
BETWEEN:
TRADE PRACTICES COMMISSION Applicant " ~- and - DUNLOP AUSTRALIA LIMITED First Respondent - and - JOHN ANTHONY STEELE Second Respondent ORDER
JUDGE MAKING ORDER: KEELY J.
WHERE MADE: Melbourne DATE OF ORDER: 25 June 1980
THE COURT ORDERS THAT:
l. The respondent Dunlop Australia Limited pay to the Commonwealth, in respect of the contravention of s.48 of the Trade Practices Act 1974 alleged in paragraph 7 of the statement of claim herein, a pecuniary penalty of $25,000.
2. Pursuant to s.77 of the Trade Practices Act 1974 judgment be entered for the Trade Practices Commission
on behaif of the Commonwealth of Australia against the
respondent Dunlop Australia Limited for the sum of
$25,000.
3. The respondent Dunlop Australia Limited pay to the applicant the costs of and incidental to the proceedings against it including any costs previously reserved by the court,
4. The respondent John Anthony Steele pay to the Commonwealth, in respect of the contravention of
the Trade Practices Act 1974 alleged in paragraph 10 of the statement of claim herein, a pecuniary penalty of $4,000.
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