Trade Practices Commission v. CC (NSW) P/L [1994] FCA 917

JUDGMENT No. saccd! cloud wcdten

TRADE PRACTICES - restrictive trade practices - arrangements or understandings containing exclusionary provisions or substantially lessening competition - individual knowingly

concerned in, or party to, contravention by corporation - pecuniary penalty to be imposed on individual - determination

of appropriate amount.

Trade Practices Act 1974 ss 4D, 45, 45A and 76.

Trade Practices Commission v CSR Limited (1991) ATPR 41-076

TRADE PRACTICES COMMISSION v &_ ORS No NG 574 OF 1994

LINDGREN J AS GPAL SYDNEY REGISTRY 24 NOVEMBER 1994

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 574 of 1994 GENERAL DIVISION )

BETWEEN:

TRADE PRACTICES COMMISSION Applicant

CC (NEW SOUTH WALES) PTY LIMITED formerly known as

_ CONCRETE CONSTRUCTIONS (NSW) PTY LIMITED First Respondent

PETER WOOLLARD Second Respondent

HOLLAND STOLTE PTY LIMITED Third Respondent

GRAHAM RONALD DUFF Fourth Respondent

MULTIPLEX CONSTRUCTIONS PTY LIMITED Fifth Respondent

GEOFFREY THOMAS PALMER Sixth Respondent

LEIGHTON CONTRACTORS PTY LIMITED Seventh Respondent

LEONARD DIXON Eight Respondent

THE AUSTRALIAN FEDERATION OF

CONSTRUCTION CONTRACTORS Ninth Respondent

RUSSELL NORMAN RICHMOND Tenth Respondent

CORAM: LINDGREN J PLACE :* SYDNEY DATE: 24 November 1994

THE COURT:

* -

ORDERS that within 28 days of 24 November 1994, the tenth respondent pay to the Commonwealth a pecuniary penalty of $10,000.00 in respect of all his acts and omissions referred to in the amended statement of claim filed on 17 November 1994 in these proceedings constituting his being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by all and any of the first, third, fifth, seventh and ninth respondents of all and any of sub-paragraphs

45 (2) (a) (i), 45 (2) (b) (4), 45 (2) (a) (41) and 45 (2) (b) (ii) of the Trade Practices Act 1974 (Cth).