Trade Practices Commission v David Jones Pty Limited [1986] FCA 698

JUDGMENT No. ble, LB5B,

CATCHWORODS

TRADE PRACTICES - Application by Trade Practices Commission for

penalties and injunctions ~- Contravention of 5.45(2)(a)(ii) and

5.45(2)(b)(ii) of the Trade Practices Act 1974 - Quantum of

penalties - Circumstances in which contravention occurred - Seriousness with which legislature views contraventions of Part

IV. - Necessity for injunction.

TRADE PRACTICES ACT 1974 56.45(2)(a)(ii), 5.45(2)(b)(ii), 5.76.

TRADE PRACTICES COMMISSTON Applicant

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

ISHER J. " ADELAIDE FEDERAL COURT B JULY 1986. OF AUSTRALIA

18 JUL 2093 LIBRARY

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 PITY. LIMITED.

Second Respondent

MYER 5.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

noe

2.

MINUTE OF ORDER

JUDGE MAKING ORDER : FISHER J. WHERE MADE 3 ADELAIDE DATE OF ORDER : 8 JULY 1986

THE COURT ORDERS:

That judgment be entered in favour of the applicant in respect of its claim that David Jones (Australia) Pty.

Limited, Russwat Nominees Pty. Limited and Myer S.A. Stores Limited have each contravened sub.para. 45(2)(a)(ii} and sub.para. 45(2)(b){ii) of the Trade Practices Act 1974 and in respect of its claim that Zellen Pty. Ltd. contravened sub.para. 45(2)(a)(ii) of the Act.