Davenport, Trevor v Trade Practices Commission & Anor [1983] FCA 78

CAT CHYORDS

Trade practices ~- notice prrsuant to section 155 of the Act validity of notice - meaning of 'any such information' —- meanang of 'inay constitute a contravention of whe Act" - sufficiency of descriptions of contraventsons.

Jerade Practices Act 1974 ss.45, 48, 155, 163A(2)

TREVOR DAVENPORT ve TRADE PRACTICES COMMISSION and RCNAL! MOOR BANNDRUAN

T. No. G5 of 1982 Northrop J. Hobart

12 Aprii 1983.

In THE FEDERAL COURT OF AUSTRALIA

) ) TASMANIA DISTRICT REGISTRY ) T. No. G5 of 198? ) )

GENERAL DIVISTON BETWEEN: - TREVOR DAVENPORT Applicant

and

TRADE PRACTICES COMMISS1OIT

and RONALD H0ORKE BANNERMAN Respondents ORDER CORAN: Norchrop oa. DATE: 12 Apr21l 1983 PLACE: Hobart

THE COURT ORDERS THAT:

The application be dismissed with costs.

IN THE FEDERAL COURT OF AUSTRALIA

TASMANTA DISTRICT REGISTRY T. No. G5 of 19P2

GENERAL DIVISTON

BETWEEN: TREVOR DAVENPORT Applicant and TRADE PRACTICES COMMISSION and RONALD MOORE BANNERMAN Respondents NORTHROP J. REASONS FOR JUDGMENT 12 APRIL 1963

On or about 22 October 1982, a notice under s.155

Traée Practices Act 1974, "the Act", was served on Trevor

Davenport, "the applicant". The notice was signed by Lhe Chairman, Trade Practices Commission, and was accompanied hy

a letcer dated 22 October 1982 which read as follows:

" PETROL PRICES - LAUNCESTON AREA

As a result of complaints received and Commission observations the Commission is anvestigating whecher recent price increases in the retail price of petrol an the Launceston area have come about as the resulk of conduct in breach of the Trade Practices Act, an particular price collusion by resellers and/or resale price maintenance by an 021 company.

26 The Commission is continuing its invescagattion by way of Further enquiries of certain Launceston petrol resellers and oul company agents anid representatives. The