Trade Practices Commission v Allied Mills Industries Pty Ltd & Ors [1981] FCA 164

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No: .V..G.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

Respondents

RULINGS

JUDGE MAKING RULINGS: Sheppard-J.

Date of Rulings: 14 September, 1981 Where Made: Sydney

THE COURT RULES THAT:

1. There is a case to answer against each respondent.

2. Certain evidence admitted against individual respondents is admissible also against the other respondents on the ground that it is evidence of the implementation or further- ance of an arrangement or understanding of which there is

evidence against each respondent.

t . ' roped CATCHWORDS

rrate-Practices - arrangement or understanding in restraint of trade or commerce - no necessity to show restraint of

trade unreasonable under general law - Quadramain Pty. Limited v. Sevastapol Investments Pty. Limited 133 C.L.R. 390 discussed -

Trade Practices Act 1974, s.45(2), (3) and (4).

Trade Practices - challenge to validity of power of court

to grant injunctive relief and to penalise individuals for aiding and abetting breaches of Trade Practices Act 1974 (in its form prior to 1977 amendments) - ss.45, 76 and 80 thereof.

Trade Practices - arrangement or understanding in restraint of trade or commerce - submission of no case to answer - relevant principles - sufficiency of evidence ~ admissibility against other respondents of evidence of implementation or furtherance

of arrangement or understanding admitted against one respondent - discussion of principles enunciated by Isaacs J. in Coal Vend case 14 C.L.R. 387 - Trade Practices Act 1974, s.45 (in its form prior to 1977 amendments).

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

No. V. G.29 of 1974

Coram: Sheppard J. Date: 14 September, 1981 Sydney