Australian Competition and Consumer Commission v Monier Roofing Ltd & Ors [1995] FCA 1062

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY )NO. SG 51 of 1994 ) GENERAL DIVISION )

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant

AND: MONIER ROOFING LIMITED First Respondent BORAL HOLLOSTONE MASONRY (South Aust.) PTY LTD Second Respondent HALLETT ROOFING SERVICES PTY LTD Third Respondent DONALD ROSS McGLASHAN Fourth Respondent TERRENCE EDWARD CARRIGAN Fifth Respondent RAYMOND JAMES BROWNBILL Sixth Respondent SOUTH AUSTRALIAN ROOF TILERS ASSOCIATION INCORPORATED Seventh Respondent 4 DECEMBER 1995 REASONS FOR JUDGMENT LOCKHART J. This is a proceeding instituted in the original jurisdiction of the Court in South Australia, but transferred to this registry. The proceeding is against a number of respondents ‑ corporate and natural persons ‑ for recovery of pecuniary penalties pursuant to B. 76 of the Trade Practices Act 1974 ('the Act'). The proceedings relate to contraventions of s6. 45(2)(a) and 45(2)(b) of the Act.

The parties have been engaged for some time in discussions with a view to reaching, if they could, and as they have, agreement as to the disposition of the matter. Joint submissions have been prepared by the parties' legal advisers, they are placed with the papers, and I have read them. The parties have also reached agreement, subject to the court's concurrence, on what the appropriate orders should be.

The principles to be applied in cases of this kind appear in the cases which I collated in Trade Practices Commission v Hymix Industries Pty Limited (1995) ATPR 41‑369. which have been subsequently decided have followed the approach mentioned there. I do not refer to the facts; they are fully set out in the joint submissions of the parties.

I think the agreement that has been reached is broadly in accord with what the Court would have done, based on the facts as they are set out in the submissions. So, I propose to make orders in accordance with the short minutes which have been handed up by counsel and solicitors, initialled by me and placed with the papers. Accordingly, the Court makes orders 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 as set out in the minutes.