Federal Court of Australia
IN THE tLoOERAL CuUFYL UF AUSTkK.LIs. WESTERN Z.USTRALIY DISTRICT HecrIstry GENERAL Divison
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AOL Cane
MOBIL OFF LUSTRALTA OTT RS
Recpordent
Amendment co the judgment of his Honour Mr. Justice
Toohey of 20 August 1984 -
On page 27, under heading CONCLUSIONS, para. (1),
line 3, substitute "1982" for "1982".
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Assoczaise to wr. dgustice Toohey
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Trade Practices - resale price maintenance - sale of petroleum by respondent to dealers - whether respondent induced or attempted to induce petrol station proprietor not to sell petrol at price less than specified price - whether respondent made statement of price likely to be understood as price below which petrol not to be sold
- meaning of specified price - meaning of attempt to induce - evidence - rule in Browne v. Dunn - balance of probability - relevance of seriousness of allegations - proof of proscribed
conduct sufficient proof of inducement
Trade Practices Act 1974 ss.48, 76, 77, 93
TRADE PRACTICES COMMISSION v. MOBIL OIL AU No. WA G4l of 1983
TOOHEY J. PERTH 20 AUGUST 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER
No. WA G41 of 1983
ed
BETWEEN: TRADE PRACTICES COMMISSION Applicant
and MOBIL OIL AUSTRALIA LIMITED
Respondent
oO R D _ E R
Toohey J.
DATE OF ORDER : 20 August 1984 WHERE MADE : Perth
THE COURT ORDERS THAT:
The respondent contravened s.48 of the Trade Practices Act 1974 by the telephone
conversation pleaded in para. 8 of the
statement of claim.
The respondent contravened s.48 of the Trade Practices Act 1974 by the telephone conversations pleaded in paras 13, 14 and 15
of the statement of clain.
The question of the penalties to be paid by the respondent to the Commonwealth and the question of other relief sought by the
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