Trade Practices Commission v Culley, Frank Thomas & Anor [1983] FCA 267

Festrictive Trade Fractices - attempt to fix prices - retail sale of petrol - severe discounting - attempt not successful - dyunurance that conduct infringed Act - factors relevant to

determination of penalty

Trade Fra

a

tices Act 1974, ss. 45/2)(a) and 76(1)

TRADE PRACTICES COMMISSION v FRANK THOMAS CULLEY and KEITH JAMES GREENWELL

WA No. G 19 of 1983

Morling J. 11 October 1983

Perth

IN' THE FEREPAL COUPT OF ANSTPALTA

WESTERN AUSTPALIA DISTRICT PEGISTPY GENEPAL DIVISTON

WA No. G 19 of 1983

BETWEEN : TRADE FPACTICES COMMISSION

Applicant

ire >= E

FRANK THOMAS CULLEY First Respondent ANT: : KEITH J2MES GREENWELL

Second Respondent

OPDER JUDGE Morling J. DATE OF ORDER : 11 October 1983 WHERE MADE : Perth

THE COURT ORDERS THAT:

bJ

The respondents each pay to the Commonwealth of Australia a pecuniary penalty of §500 in respect

af the matters alleged against them in paragraph

8 of the Statement of Claim.

The respondents each pay to the applicant one half of its costs of the application, to be taxed

as one get of costs.

IN THE FEDERAL CompT OF AUSTRALIA

WESTERN AMSTFALTA DISTPICT PEGISTPY WA Ico. G19 of 1983

SENEFSL OTNTETON

BETNEEN : TPADE FRACTICES COMMISSION Applicant AND : FRANK THOMAS CULLEY

First Respondent

AND : KEITH JAMES GREENWELL

Second Respondent

Morling J. 11 October 1983

REASONS FOP JUDGMENT

In these proceedings the Trade Practices Commission seeks the imposition upon the respondent of pecuniary penalties in respect of alleged breaches of ».45(2)(a)(ii) of the Trade Fractices Act 1974 ("the Act"). The respondents do not deny that they infringed the relevant provisions of the Act in the respects alleged by the Commission and the only question which arises in the proceedings is the amount of the pecuniary penalties which should be imposed by the Court pursuant to

s.76(1) of the Act.

As will appear from the facts to which I shall briefly refer this 15 not a case which calls for the imposition of