Trade Practices Commission v. Annand & Thompson Pty Ltd [1987] FCA 139

[34

CATCHWORDS

r TRADE PRACTICES - resale price maintenance - non supply of motor cycle tyres except on Condition of sale at list price - failure

to educate employees, despite attempts by corporation - penalty -

relevant factors.

Trade Practices Act 1974 ss. 48, 76, 77, 96(3).

TRADE PRACTICES COMMISSION V. ANNAND AND THOMPSON PTY.LTD. QLD. NO. G168 of 1986

SPENDER J.

BRISBANE 2 APRIL 1987.

FEDERAL COURT OF AUSTRALIA

PAINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) QLD. G168 of 1986 ) GENERAL DIVISION )

BETWEEN : ~ TRADE PRACTICES COMMISSION

Applicant AND:

ANNAND AND THOMPSON PTY.LTD.

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 2 APRIL 1987. WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The respondent pay to the Commonwealth of Australia a pecuniary penalty of $15,000.09 in respect of the

contravention of s.48 of the Act alleged in the Statement of Claim.

N

Pursuant to s.77 of the Trade Practices Act 1974, judgment be entered for the applicant on behalf of the Commonwealth of Australla against the respondent for the sum of $15,000.00.

3. The respondent pay to the applicant its costs of and incidental to the

application, to be taxed if not agreed.

z i

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY } QLD. G168 of 1986 } )

GENERAL DIVISTON

BETWEEN : ~

TRADE PRACTICES COMMISSION

Applicant AND: ANNAND AND THOMPSON PTY.LTD. Respondent DATE OF HEARING: 25 MARCH 1987. DATE JUDGMENT DELIVERED: 2 APRIL 1987. COUNSEL: for the applicant Mr. Forde

for the respondent Mr. Hampson Q.C. with Mr. Gibson

T. MACDERMOTT ASSOCIATE TO SPENDER J.

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) QLD. G168 of 1986 ) GENERAL DIVISION )

BETWEEN : ~ TRADE PRACTICES COMMISSION