Trade Practices Commission v Simpson Pope Ltd [1980] FCA 102

CATCHWORDS ,

Trade Practices - resale price maintenance -

manufacturer attempting to induce retailer not

to sell or advertise goods below specified

prices — manufacturer using statement of price

in relation to goods supplied - manufacturer refusing

supply where retailer has sold or advertised or 1s

likely to sell or advertise goods below specified

prices — refusal for a number of reasons - pecuniary

penalty - a single act which contravenes s.48 and

which falls within a number of categories in s.96

regarded as a single contravention for purpose of

fixation of penalty - factors relevant to grant of

injunction.

Trade Practices Act, 1974 (Cth.) ss.4F, 48, 76(1) and (3), 96(1)(3)(6) and (7).

TRADE PRACTICES COMMISSION v. SIMPSON POPE LIMITED No. G10 of 1979.

FRANKI, J 18 July 1980 SYDNEY.

IN THE FEDERAL COURT OF AUSTRALIA)

)

NEW SOUTH WALES DISTRICT REGISTRY} No. G10 of 1979.

GENERAL DIVISION. )

BETWEEN: TRADE PRACTICES COMMISSION

Applicant AND: SIMPSON POPE LIMITED Respondent. ORDER JUDGE MAKING ORDER: Franki J. DATE OF ORDER: 18 July 1980 WHERE MADE: Sydney. THE COURT ORDERS THAT: 1. 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) Thirty thousand dollars ($30,000) in respect of the contraventions alleged in paragraphs 11 to 16 inclusive of the statement of claim;

(bd) Thirty thousand dollars ($230,000) in respect of the contraventions alleged in paragraphs 18 to 24 inclusive of the statement of claim; and

(c) Five thousand dollars ($5,000) in respect of the contraventions alleged in paragraphs 26 to 29