Federal Court of Australia
CATCHWORDS.
Trade Practices - Proceedings for penalties - Issue and Service of s.155 Notice - whether s.155 vests power in a member of the Trade Practices Commission to serve notice under it after commencement of proceedings for a penalty - whether service of the notice constitutes a contempt of Court - whether
penalty appropriate.
Trade Practices Act 1974 5.155
BRAMBLES HOLDINGS LIMITED v. TRADE PRACTICES COMMISSION
AND RONALD MOORE BANNERMAN.
N.S.W. No. G44 of 1978. Coram: Franki J. Sydney.
27 October 1980.
t
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No, G.44 of 1978
GENERAL DIVISION
BETWEEN: BRAMBLES HOLDINGS LIMITED Applicant
AND: TRADE PRACTICES COMMISSION AND RONALD MOORE BANNERMAN.
Respondents.
JUDGE MAKING ORDER: Franki J.
DATE OF ORDER: 27 October 1980. WHERE MADE: Sydney. ORDER
THE COURT ORDERS THAT the Respondents pay to the
Applicant its costs of the motion as between
solicitor and client.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) NO. G.44 of 1978
) GENERAL DIVISION )
BETWEEN: BRAMBLES HOLDINGS LIMITED
Applicant
AND: TRADE PRACTICES COMMISSION AND RONALD MOORE BANNERMAN
Respondents
CORAM: Franki J.
27 October 1980.
REASONS FOR JUDGMENT
Proceedings for the recovery of penalties and for injunctions arising out of alleged contraventions of s.45 of the Trade Practices Act 1974 ("the Act") were commenced by the Trade Practices Commission ("the Commission") under the provisions of ss.77 and 80 of the Act. I will call these proceedings "the main proceedings". The main proceedings were against the applicant, Brambles Holdings Limited, and a number of other defendants. They were commenced in 1978 and defences were filed by all defendants. Before filing its defence the applicant sought to have certain Paragraphs of the statement of claim struck out. This application was unsuccessful and the applicant appealed without Success to the Full Court of this Court. The applicant
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