Trade Practices Commission v I.C.I. Australia Petrochemicals Ltd & Anor [1983] FCA 116

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CATCHWORDS Trade Practices - resale price maintenance - pecuniary penalty - mitigation - factors to be taken into account. Practice and procedure - whether penalties against each

respondent should he determined by the Court constituted by the same Judge - whether possible legal bias.

Trade Practices Act 1974 (C'th.) ss.48, 76 Federal Court Rules 029

TRADE PRACTICES COMMTSSION v. ICI AUSTRALIA PETROCHEMICALS LIMITED and NORRIS WIGHTMAN INDUSTRIFS PTY. LIMITED

10 June 1983 Northrop J.

Melbourne

IN THE FEDERAL COURT OF AUSTRALI

VICTORIA DISTRICT REGISTRY Ve. No. G.127 of 1980

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GENERAL DIVISION

BETWEEN: . ~ TRADE PRACTICES COMMISSION Applicant and ICL AUSTRALTA PETROCHEMICALS LIMITED and NORRIS WIGHTMAN INDUSTRIES PTY. LIMITED Respondents ORDER CORAM: Northrop J. DATE: 10 June 1983 WHERE: Melbourne THE COURT ORDERS THAT: 1. The first named respondent, ICI Australia Petrochemicals

Limited, in respect of the contraventions of s.48 of the

Trade Practices Act 1974 alleged in paragraphs 6 and 7

of the amended statement of claim, pay to the

Commonwealth a pecuniary penalty in the sum of $20,000.

ace

Pursuant to s.77 of the Trade Practices Act 1974,

judgment be entered for the Trade Practices Commission on behalf of the Commonwealth against the first named respondent, ICI Australia Petrochemicals Limited, for

the sum of $20,000.

The second named respondent, Norris Wightman Industries Pty. Limited, in respect of the contraventions of s.48

of the Trade Practices Act alleged in paragraphs 9, 10

and 11 of the amended statement of claim, pay to the Commonwealth a pecuniary penalty in the sum of $10,000.

Pursuant to s.77 of the Trade Practices Act 1974, judgment be entered for the Trade Practices Commission on behalf of the Commonwealth against the second named respondent, Norris Wightman Industries Pty. Limited, for