Federal Court of Australia
1 CATCHWORDS
Trade Practices - resale price maintenance - onus of proof - "entrapment" - admissibility of evidence of
agent provocateur.
Trade Practices Act, 1974 ss.48 and 96
TRADE PRACTICES COMMISSION v. THE HEATING CENTRE PTY. LIMITED BRIAN BUTTERFIELD
No. G165 of 1983
Beaumont, J. 19 December 1984. Sydney.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G165 of 1983
BETWEEN : TRADE PRACTICES COMMISSION Applicant AND: THE HEATING CENTRE PTY. LIMITED
First Respondent
:
BRIAN BUTTERFIELD
Second Respondent
Judge making order: Beaumont, J. Date order made: 19 December 1984.
Where made: Sydney.
THE COURT ORDERS THAT:
1. Declare that the first respondent engaged in the practice of resale price maintenance in respect of the Kent Tile Fire in contravention of 3.48 of the Trade Practices
Act, 1974 in the respects alleqed in paras. 6, 7. 8. 3. lv,
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION No. 6165 of 1983
BETWEEN : TRADE PRACTICES COMMISSION
Applicant
AND: THE HEATING CENTRE PTY. LIMITED
First Respondent
AND: BRIAN BUTTERFIELD
Second Respondent
CORAM: Beaumont. J.
DATED: 19 December 1984.
REASONS FOR JUDGMENT
By its statement of claim. the Trade Practices Commission claims that the first respondent. a distributor
of slow combustion heaters manufactured in New Zealand and
te
14. 15. 16. 17. 18, 22, 23. 24. and 25 of the Statement of
Claim,
2. Declare that the second respondent aided and
abetted and was knowingly concerned in the gaid
contraventions. 3. Reserve costs. 4. Adjourn proceedings toa date to be fixed for the
purpose of dealing with pecuniary penalties and other relief
as may be appropriate.
bs
sold under the brand name "Kent Tile Fire". enagaqed in the practice of resale price maintenance in contravention of s.48 or the Trade' Practices Act, 1974 ("the Act"). The second respondent. the managing director of the first respondent. is said to be a party to. or a person knowingly concerned in, the contraventions alleqed. The Commission seeks pecuniary penalties pursuant to 3.76 or the Act and
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