Mildura Fruit Juices Pty Ltd v Bannerman, Ronald Moore & Anor [1983] FCA 97

CATCHWORDS

Trade Practices - Notice pursuant to s.155 of the

Trade Practices Act 1974 - Constitutional validity of

s.55 of the Act - Whether "matters" in notice properly

and adequately identified - Whether notice valid.

Trade Practices Act 1974, ss.55, 155.

MILDURA FRUIT JUICES PTY. LTD. v. RONALD MOORE BANNERMAN and TRADE PRACTICES COMMISSION

Frankia J. Sydney 20 May 1983

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG 169 of 1982 GENERAL DIVISION )

MILDURA FRUIT JUICES PTY. LTD. Applicant

RONALD MOORE BANNERMAN First Respondent

TRADE PRACTICES COMMISSION Second Respondent

ORDER JUDGE MAKING ORDERS: Franki J. DATE OF ORDERS: 20 May 1983 WHERE MADE: Sydney THE COURT ORDERS THAT: 1. Declare that the applicant 1s not obliged to comply with

the notice under s.155 of the Trade Practices Act 1974 dated 12th October 1982 received by it from the first

respondent.

2. Costs are reserved for submissions to be made at a later

date.

IN THE FEDERAL COURT OF AUSTRALIA )

VICTORIA DISTRICT REGISTRY ) No. VG 169 of 1982 GENERAL DIVISION )

MILDURA FRUIT JUICES PTY. LTD. Applicant

RONALD MOORE BANNERMAN First Respondent

TRADE PRACTICES COMMISSION Second Respondent

Sydney

20 May 1983

REASONS FOR JUDGMENT

FRANKI J.

This 1s an application under the Administrative

Decisions (Judicial Review) Act, 1977 for a review of a decision

by Mr Ronald Moore Bannerman, the Chairman of the Trade Practices Commission ("the Commission") to serve a notice under s.155 of the Trade Practices Act, 1974 ("the Act") upon the applicant, Mildura Fruit Juices Pty. Ltd. The applicant seeks orders

pursuant t9 s.16 of the Administrative Decisions (Judicial

Review) Act, unter alia, declaring that the applicant 1s not obliged to comply with the notice. The notice, together with a letter signed by Mr P.J. Cronin, Assistant Commissioner, was received, on or about 14 October 1982, by the applicant. The