Trade Practices Commission v Allied Mills Industries Pty Ltd & Ors [1981] FCA 156

CATCHWORDS

Trade Practices ~ prosecution against five respondents for breaches of Part IV of Act - one respondent withdraws defence and submits to orders for penalty and injunction - matters upon which Court required to be satisfied - appropriateness of dealing with matter before conclusion

of proceedings against other respondents.

Trade Practices Commission v. Allied Mills Industries Pty. Limited and ors. '

No. VG 29 of 1979

Coram: Sheppard J. Date: 24 September, 1981

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY ) VV. G. No. 29 of 1979 GENERAL DIVISION j

IN THE MATTER OF

THE TRADE PRACTICES ACT 1974

Between

TRADE PRACTICES COMMISSION Applicant

and

ALLIED MILLS INDUSTRIES PTY. LIMITED and Others

Respondents

JUDGE MAKING ORDER: Sheppard J. Date of Order: 24 September, 1981

Where Made: Sydney

For formal findings and orders see pp.10 and 11.

IN THE FEDERAL COURT OF AUSTRALIA

) NEW SOUTH WALES REGISTRY V. G. No. 29 of 1979 )

GENERAL DIVISION

IN THE MATTER OF

THE TRADE PRACTICES ACT 1974

Between TRADE PRACTICES COMMISSION

Applicant

and

ALLIED MILLS INDUSTRIES PTY. LIMITED and Others

CORAM: SHEPPARD J. 24 September, 1981

JUDGMENT AGAINST FOURTH RESPONDENT

On 14 September, 1981, I held that there was a case to answer against each of the respondents. The matter was stood over to 22 September, 1981. On that day senior counsel for the Commission and senior counsel for the fourth respondent, Hooker M11k Products Pty. Limited, otherwise known as Manildra Sugars, handed up a document which they

had signed. The document 1s in the following terms:-

"Ty

2.

Ds

"SHORT MINUTES OF ORDERS AGAINST FOURTH RESPONDENT

Hooker Milk Products Pty. Limited (the fourth respondent) withdraws 1ts defence to this application.

Order that the fourth respondent be restrained for a period of three (3) years from this date from entering into, being a party to, or giving effect to any agreement arrangement or under- standing having the purpose or effect of fixing, maintaining or controlling the price of liquid glucose in contravention of the provisions of the Trade Practices Act 1974.