Federal Court of Australia
(1991
CATCHWORDS
Trade Practices - Proceedings for alleged contraventions of s.47 by Trade Practices Commission - Application for injunction and pecuniary penalty
- Application seeking joinder as respondents by persons alleged to have suffered damage - Application refused.
Trade Practices Act, 1974(Cth.) s.47.
Federal Court Rules, 1979 0.6 r.2, 0.5 r.2
TRADE PRACTICES COMMISSION v. QUEENSLAND AGGREGATES PTY. LTD. AND BRIAN WHITE
No. G.3 of 1981 FRANKI J. 10 MARCH 1981. .
BRISBANE.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY No. G.3 of 1981
GENERAL DIVISION
BETWEEN: TRADE PRACTICES COMMISSION
Applicant
AND: QUEENSLAND AGGREGATES PTY. LTD AND BRIAN WHITE
Respondents.
ORDER
JUDGE MAKING ORDER: FRANKI J. DATE OF ORDER: 10 MARCH 1981
WHERE MADE: BRISBANE.
THE COURT ORDERS THAT:
1. The application is refused.
2. The applicants are to pay the costs of the first
and second respondent in the notice of motion.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NO. G.3 OF 1981
) y ) ) )
GENERAL DIVISION
BETWEFN: TRADE PRACTICES COMMISSION
Applicant
AND: QUEENSLAND AGGREGATES PTY. LTD. AND BRIAN
WHITE
Respondents
CORAM: Franki J.
10 March 1981.
REASONS FOR JUDGMENT
This is an application which is before me to add third, fourth, fifth, sixth and seventh respondents in an action by the Trade Practices Commission against Queensland Aggregates Pty. Ltd. and one Brian White. I propose to deliver oral judgment in this matter rather than delay to deliver a written judgment with
my reasons more fully expressed.
The Trade Practices Commission seeks the relief set out
in its application, namely:
(1) An order for a pecuniary penalty to be paid by the first respondent and the second respondent pursuant to sections 76 and 77 of the Trade Practices Act 1974
("the Act").
(2) An injunction pursuant to section 80 of
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