Trade Practices Commission v. Amatek Ltd [1994] FCA 941

an JUDGMENT NO. snc tbl aod L.,

ey i, COURT OF AUSTRALIA

W. S DISTRICT REGISTRY ) No. G810 of 1994 ) )

VISION

-»

BETWEEN: TRADE PRACTI ON Applicant AND: AMATEK MITED RADING AS ROCLA CONCRETE)

Respondent

RECEIVED

24 NOVEMBER 1994

- 6 DEC 1994 REASONS FOR JUDGMENT FEDERAL COURT OF AUSTRALIA PRINCIPAL

LOCKHART J.

REGISTRY

= a —

This is a proceeding instituted in the Court by the Trade Practices Commission for recovery of pecuniary penalties pursuant to s. 76 of the Trade Practices Act 1974 (the Act) and for injunctive relief. The proceedings relate to alleged contraventions by Amatek Limited, trading as Rocla Concrete (Amatek), of ss. 45(2)(a)(ii) and 45(2)(b) (ii) of the Act.

The proceedings against the personal respondent, Mr Buchanan, are brought on the basis that he was directly or indirectly knowingly concerned or in or a party to the conduct which gave

rise to the alleged contraventions by Amatek.

The relevant principles governing the imposition of penalties for contraventions of this kind are referred to ina number of judgments in this court including Trade Practices Commission v Bata Shoe Co of Australia Pty Limited [1980] ATPR 40-162; Trade Practices Commission v Sony (Australia) Pty

Limited [1990] ATPR 41-053; and Trade Practices Commission v

CSR Limited [1991] ATPR 41-076.

The respondents and the Commission have been engaged in discussions for some time, which have resulted in the parties reaching agreement as to the disposition of the proceedings. They realize that it is for the Court to determine whether contraventions have occurred, and in particular what the appropriate penalty should be, or what other relief should be granted. They have agreed, subject to the Court's concurrence, that Amatek has contravened the Act as alleged by the Commission and that Mr Buchanan has been involved in those contraventions within the meaning of s. 75B of the Act. They have also agreed, again subject to the Court's concurrence, what the appropriate penalties should be, and that undertaking