Australian Competition And Consumer Commission v Ampol Petroleum (Victoria) Pty Ltd [1996] FCA 135

IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) GENERAL DIVISION )

No.VG368 of 1993

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSTON

Applicant

AND:AMPOL PETROLEUM (VICTORIA) PTY. LTD., WERNER SPREEN, KENNETH McKAY, WILLIAM MITHEN and ROBERT MACARTHUR

Respondents No.VG873 of 1995

BETWEEN: THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND:AMPOL PETROLEUM (VICTORIA) PTY. LTD., BEST OIL COMPANY PTY. LTD., KENNETH McKAY and MICHAEL DANTELLI

Respondents

CORAM : Jenkinson J. PLACE: Melbourne DATE: 12 March 1996

CORRIGENDA

Amendment to the Reasons for Judgment of Justice Jenkinson delivered 12 March, 1996:

Page 5 line 2 for "$10,000" substitute "$10.000,000".

Counsel for the Applicant were Mr. A..H. Goldberg Q.C. and Mr. M.J. Crennan

Counsel for the Respondent were Mr. P.J. O"Callaghan Q.C. and Mr. D.E. Curtain Q.C.

W.M.J. Hardman Associate to Justice Jenkinson

Date: 20 March, 1996

IN THE FEDERAL COURT OF AUSTRALIA _) VICTORIA DISTRICT REGISTRY ) No. VG368 of 1993 GENERAL DIVISION )

BETWEEN:AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND:AMPOL PETROLEUM (VICTORIA) PTY. LTD., WERNER SPREEN, KENNETH McKAY, WILLIAM MITHEN _ and

ROBERT MACARTHUR Respondents CORAM: | Jenkinson J. PLACE: Melbourne DATE: — 12 March, 1996 MINUTES OF ORDER

THE COURT ORDERS BY CONSENT THAT:

The proceeding as against each of the respondents Werner Spreen, William Mithen and Robert MacArthur be dismissed.

AND THE COURT ORDERS THAT:

1.The Respondent Ampol Petroleum (Victoria) Pty. Ltd. pay to the Commonwealth of Australia in respect of the contraventions of Part IV of the Zrade Practices Act 1974 which are specified in the amended statement of claim filed this day in paragraph 20 thereof and the particulars under that paragraph as having occurred before 13 January 1993 and in paragraph 26 and the particulars under that paragraph pecuniary penalties in the aggregate of $100,000.