Trade Practices Commission v Mobil Oil Ltd [1984] FCA 403

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Trade Practices - resale price maintenance ~ sale of petroleum by respondent to dealer - penalty - relevant matters - two contraventions of Act - same officer of company involved - both contraventions in relation to one dealer - whether injunction

appropriate - additional penalty

Trade Practices Act 1974 ss. 76, 77, 80

TRADE PRACTICES COMMISSION v. MOBIL OTL AUSTRALIA LIMITED No. WA G41 of 1983

TOOHEY J.

23 NOVEMBER 1984 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G41 of 1983

BETWEEN: TRADE PRACTICES COMMISSION

Applicant and

MOBIL OTL AUSTRALIA LIMITED

Respondent

Oo R D_ E R

JUDGE MAKING ORDER : Toohey J. DATE OF ORDER : 23 November 1984 WHERE MADE : Perth

THE COURT ORDERS THAT:

The respondent pay to the Commonwealth of Australia a pecuniary penalty of $30,000 in respect of the

matters alleged against it in para. 8 of the

statement of claim.

The respondent pay to the Commonwealth of Australia a pecuniary penalty of $20,000 in respect of the matters alleged against it in paras 13, 14 and 15

of the statement of claim.

Pursuant to s.77 of the Lrade Practices Act 1974

qudament be entered for the applicant on behalf of the Commonwealth of Australia against the

respondent for the sum of $50,000.

The respondent pay to the applicant its costs of

the application.

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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G41 of 1983

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BETWEEN:

TRADE PRACTICES COMMISSTON

Applicant and MOBIL OIL AUSTRALIA LIMITED

Respondent

CORAM: TOOHEY J. 23 November 1984

REASONS FOR JUDGMENT In an earlier judgment (see (1984) ATPR 40-482) the Court concluded that the respondent had contravened s.48 of the

Trade Practices Act 1974. The question of the penalties to be paid by the respondent to the Commonwealth and of other relief