Federal Court of Australia
CATCHWORDS Trade Practices - Arrangement or understanding affecting competition - Meaning of arrangement or understanding - Price-fixing - Distinction between an understanding and a provision of an understanding - Whether a person not in
competition can be a party to a price-fixing understanding - Application of s.45(4) toa non-price-fixing provision of an
understanding.
Evidence - Inferences - Circumstantial evidence - Admissibility
of evidence - Failure of respondents to give evidence.
Trade Practices Act 1974 ss.4, 45(2)(a}(ii), 45(2)(b) (ii), 45(3),(4),(5), & (6), 45A(1), 4B, 76(1)(c), 80 and 96. Income Tax Act 1936 s.80B(5)
TRADE PRACTICES COMMISSION v. DAVID JONES (AUSTRALIA) PTY LTD & ORS
No. G29 of 1985
FISHER J.
ADELAIDE
6 FEBRUARY 1986
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
No. G29 of 1985
BETWEEN:
TRADE PRACTICES COMMISSION Applicant
- and -
DAVID JONES (AUSTRALIA) PTY. LIMITED.
First Respondent
RUSSWAT NOMINEES PTY. LIMITED.
Second Respondent MYER S.A. STORES LIMITED.
Third Respondent ZELLEN PTY. LIMITED.
Fourth Respondent BRUCE HANDEL WATT
Fifth Respondent
JOHN STANLEY WATSON
Sixth Respondent
CHRISTOPHER RUSSELL
Seventh Respondent
ROBERT JOHN WOOD
Eighth Respondent JAMES ANTHONY CORCORAN
Ninth Respondent
CORAM: Fisher J. 6 February 1986
REASONS FOR JUDGMENT These proceedings were commenced by the Trade Practices Commission ("the Commission") by application filed together with a statement of claim on 28 May 1985. Nine parties were
respondents to the application, namely David Jones (Australia)
Pty. Limited ("David Jones"), Russwat Nominees Pty. Limited ("Bedroom Mazurka"), Myer S.A. Stores Limited ("Myer") Zellen Pty. Limited ("Zellen"), Bruce Handel Watt the director of Buying (Home Wares) for the Adelaide Division of David Jones, John Stanley Watson and Christopher Russell both directors of Bedroom Mazurka, Robert John Wood South Australian Regional Merchandise Co-ordinator (Home Furnishings) of Myer and James Anthony Corcoran a director of Zellen which traded under the business
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