Federal Court of Australia
wa
i)
; JUDGMENT NO. smsd dS 84
CATCHWORDS
Trade Practices - resale price maintenance - absence of credible evidence to substantiate claim.
Trade Practices Act 1974 ss.48, 76, 96
TRADE PRACTICES COMMISSION v. GOLDEN FLEECE PETROLEUM LTD. , CALTEX OIL (AUSTRALIA) PTY.LID. and CALTEX AUSTRALIA LTD.
V. No. G 29 of 1983
Northrop J.
Melbourne
15 October 1984
NOT CONSIDERED APPROPRIATE FOR FURTHER DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. G.29 of 1983 } GENERAL DIVISION ) BETWEEN : TRADE PRACTICES COMMISSION Applicant and GOLDEN FLEECE PETROLEUM LID., CALTEX OIL (AUSTRALIA) PTY. LTD. and CALTEX AUSTRALIA LTD. Respondents CORAM: Northrop J. DATE: 15 October 1984 PLACE: MeLbourne
ORDER
THE COURT ORDERS THAT:
i. The Application be dismissed.
2. The Applicant pay the Respondents costs.
IN THE FEDERAL COURT OF AUSTRALIA )} ) VICTORIA DISTRICT REGISTRY ) V. No. G.29 of 1983 ) GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION Applicant and GOLDEN FLEECE PETROLEUM LTD., CALTEX OIL (AUSTRALIA) PTY. LTD. and CALTEX AUSTRALIA LTD. Respondents CORAM: Northrop J. DATE: 15 October 1984 PLACE: Melbourne REASONS FOR JUDGMENT The Trade Practices Commission ("the
Commission") is seeking the imposition of a pecuniary penalty against each of Golden Fleece Petroleum Ltd. ("Golden Fleece"), and Caltex Oil (Australia) Pty. Ltd.
("Caltex") in respect of contraventions of the Trade Practices Act 1974 ("the Act"). In order to understand the application it is desirable initially to set outa
summary of the facts which the Commission claims
constitute the contraventions of the Act.
Golden Fleece and Caltex are each corporations under the Act. Between 1 May 1981 and 31 July 1981, Golden Fleece, as part of its business, supplied throughout Australia petroleum products,..including super grade motor spirit. On 1 May 1981, Caltex acquired ail the issued shares in the capital of Golden Fleece, but until 31 July 1981 Golden Fleece and Caltex were in competition with each other with respect to the marketing of super grade motor spirit throughout Melbourne. From 1 August 1981, Caltex took over control
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