Federal Court of Australia
CATCHWORDS
Trade Practices - proceedings pending between recipients of s. 155 notice and third party - matters in s. 155 notice cover the same ground as 1ssues 1n pending proceedings - notice issued after commencement of pending proceedings - person issuing s. 155 notice aware of other proceedings - whether issue of s. 155 notice is valid - whether service
of s. 155 notice constitutes a contempt of Court.
Trade Practices Act 1974 (Cth.), s. 155
PIONEER CONCRETE (VIC.) PTY. LIMITED & ORS. v. TRADE PRACTICES COMMISSION and ANOR.
NO. G 55 OF 1980 LOCKHART J.
AT SYDNEY
FRIDAY, 14 NOVEMBER 1980
IN THE FEDERAL COURT OF AUSTRALIA PRINCIPAL REGISTRY GENERAL DIVISION
BETWEEN:
ORDER JUDGE MAKING ORDER: WHERS MADE: DATE OF ORDER:
THE COURT ORDERS THAT:
- G55 of 1980
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PIONEER CONCRETE (VIC.) PTY. LIMITED, APEX CUARRIES LIMITED, BARRY MONTGOMERY, WILLIAM RODERICK PARR, ALAN GLORGE RASMUSSEN
Applicants
TRADE PRACTICES COMMTSSION and RONALD SOLLEY GILSERT
Respondents
LOCKHART J. AT SYDNEY FRIDAY, 14 NOVEMBER 1980
The responcents pay to the epplicants their costs of the
proceedings as between solicitor and client.
IN THE FEDCDCRAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY NO. G55 OF 1980
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GENERAL DIVISION
BETWEEN: PIONEER CONCRETE (VIC.) PTY.
LIMITED, APEX QUARRIES LIMITED,
BARRY MONTGOMERY, WILLIAM RODERICK PARR, ALAN GEORGE RASMUSSEN
Applicants
AND: TRADE PRACTICES COMMISSION and
RONALD SOLLLY GILRERT
Respondents REASONS FOR JUDGMENT
LOCKHART J.
14 Nov. 1980
At Sydney
Pioneer Concrete (Vic.) Pty. Limited, Apex Quarries Limited, Barry Montgomery, William Roderick Parr and Alan George Rasmussen ("the applicants") challenge the validity of documents purporting to be notices
under s. 155 of the Trade Practices Act 1974 ("the Act") dated 3 June 1980
signed by Ronald Solley Gilbert, ("the second respondent") and served upon each of the applicants. The second respondent is, and at all material times has been, Acting Chairman of the Trade Practices Commission ("the Commission"). Each of the notices 1s, so far as material to these proceedings, in the same form and terms. The second respondent purported to vary the notices by signing and serving upon the applicants documents
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