Federal Court of Australia
JUDGMENT No. 0.83.7 9%
'© eecspovecevcosese:
TRADE PRACTICES - action for civil penalties for infringement
of Part Iv of the Trade Practices Act 1974 - discussion of
relevant principles - the allowing of a discount for co- operation with Commission - applicability of principles
relating to disparity of sentences in criminal proceedings.
Trade Practices Act 1974, ss 45, 45A, 76, 80.
TRADE PRACTICES COMMISSION v AXIVE PTY LTD (Trading As NEWCASTLE ICE & COLD STORAGE) AND ORS
No. NG953 of 1993
RECEIVED CORAM: Sheppard J 16 DEC 1994 se: sydney regent oF
PRINCIPAL REGISTRY
DATE: 15 December 1994
NEW SOUTH WALES DISTRICT REGISTRY ) No. NG953 of 1993
BETWEEN: RADE PRACTICES COMMISSION
Applicant AND: AXIVE PTY LTD Trading As NEWCASTLE ICE & COLD STORAGE First Respondent AND_ OTHERS CORAM: Sheppard J PLACE: Sydney DATE: 15 December 1994 REASONS FOR JUDGMENT His Honour: These proceedings were commenced on 3 December
1993. On that day the Court granted the Commission leave to serve short notice of an application for an interlocutory injunction for 8 December 1993. On 8 December 1993 the Court by consent ordered that, until further order, the respondents be restrained from directly or indirectly implementing, observing, performing or otherwise giving effect to the contract, arrangement or understanding specified in particulars to paras 7 and 8 of the statement of claim. The transaction referred to was alleged to have been entered into at a meeting which took place on 8 October 1993 at the Sydney Markets Industries Club. It was said to have been confirmed at a meeting held at the Epping RSL Club on 9 November 1993.
It was alleged that the respondents, other than the eighteenth and nineteenth respondents, agreed that, as from 8 October 1993, there would be a minimum price at which they would sell ice being a base price of $1.00 for a 3.5 kilogram bag, $1.50 for a 5 kilogram bag and $3.00 for a 10 kilogram bag. It was alleged that the eighteenth and nineteenth respondents agreed that the minimum price would apply from 9 November 1993. The
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