Trade Practices Commission v Gorenje Pacific Pty Ltd [1983] FCA 389

CATCHWORDS

Trade Practices - Resale price maintenance ~ Attemping to induce retailer not to advertise and/or sell goods supplied at less than "agreed" price ~ Claim not defended - Question of

penalty - No evidence of any other contravention- Respondent

acted promptly to prevent repetition of contravention.

Trade Practices Act, 1974 s.48

Trade Practices Commission v. Gorenje Pacific Pty. Limited

No. WAG 38 of 1983

Beaumont, J. 22 December, 1983.

Sydney.

{|

IN THE FEDERAL COURT OF AUSTRALIA )

) WESTERN AUSTRALIA DISTRICT REGISTRY)

)

GENERAL DIVISION ) No. WAG 38 of 1983 BETWEEN : TRADE PRACTICES COMMISSION Applicant D: GORENJE PACIFIC PTY. LIMITED Respondent ORDERS Judge making order: Beaumont, J. Date order made: 22 December, 1983. Where made: Sydney

THE COURT ORDERS THAT:

1. A penalty of $3,000 be imposed upon the respondent in respect of the offence referred to in these proceedings. 2. The respondent pay the applicant's costs including

reserved costs.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT

we ews ws

REGISTRY GENERAL DIVISION No. WAG 38 of 1983

BETWEEN : TRADE PRACTICES COMMISSION Applicant D: GORENJE PACIFIC PTY. LIMITED Respondent CORAM: Beaumont, J. DATED: 22 December, 1983.

REASONS FOR JUDGMENT

By its statement of claim in this matter, the Commission alleged that in or about October, 1981 the respondent engaged in the practice of resale price maintenance in contravention of s.48 of the Trade Practices Act, 1974 ("the Act"). The

Commission claimed a pecuniary penalty and injunctive relief.

The respondent did not seek to defend the claim but proferred an undertaking to the Court in the terms of the injunction sought, and consented to an order that it pay the Commission's costs. The Commission having accepted the

undertaking, the only remaining question is that of penalty.