Trade Practices Commission v CC (New South Wales) Pty Ltd & Ors [1995] FCA 290

CATCHWORDS TRADE PRACTICES - restrictive trade practices - entering into an arrangement or understanding substantially lessening competition - pecuniary penalty to be imposed on corporation - determination of appropriate amount. Trade Practices Act 1974 ss 45 and 76. Trade Practices Commission v CSR Limited (1991) ATPR 41-076 TRADE PRACTICES COMMISSION v CC (NEW SOUTH WALES) PTY LIMITED & ORS No NG 574 OF 1994 LINDGREN J SYDNEY 5 MAY 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 574 of 1994 GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION Applicant AND: 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 Eighth Respondent THE AUSTRALIAN FEDERATION OF CONSTRUCTION CONTRACTORS Ninth Respondent RUSSELL NORMAN RICHMOND Tenth Respondent

CORAM: LINDGREN J PLACE: SYDNEY DATE: 5 MAY 1995

MINUTE OF ORDERS

THE COURT: 1. DECLARES that by making or arriving at the arrangement which is referred to in paragraph 21 of the Amended Statement of Claim, the third respondent, Holland Stolte Pty Limited contravened section 45 (2) (a) (ii) of the Trade Practices Act 1974 (Cth). 2. ORDERS that the third respondent, Holland Stolte Pty Limited, pay to the Commonwealth of Australia a pecuniary penalty of $150,000 in respect of the contravention of s 45 (2) (a) (ii) referred to in para 1 hereof. 3. DECLARES that by making or arriving at the arrangement which is referred to in paragraph 24 of the Amended Statement of Claim, the third respondent, Holland Stolte Pty Limited contravened section 45 (2) (a) (ii) of the Trade Practices Act 1974 (Cth). 4. ORDERS that the third respondent, Holland Stolte Pty Limited, pay to the Commonwealth of Australia a pecuniary penalty of $250,000 in respect of the contravention of s 45 (2) (a) (ii) referred to in paragraph 3 hereof. 5. ORDERS that the third respondent, Holland Stolte Pty Limited, be restrained until 5 May 2000, whether by its directors, servants, agents or otherwise howsoever, from: (a) making or arriving at;