Australian Competition & Consumer Commission v CC (NSW) Pty Ltd No 9 [2000] FCA 23

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v CC (NSW) Pty Ltd (No 9) [2000] FCA 23 TRADE PRACTICES – contravention of s 45 of Trade Practices Act 1974 (Cth) – imposition of pecuniary penalty under s 76 – factors relevant to level of penalty – effect of earlier cases in which other respondents had withdrawn their defences and admitted allegations in Commission's pleading – penalties fixed in those cases on bases in some respects not applicable in light of hearing and findings in this case. Trade Practices Act 1974 (Cth) s 76

Trade Practices Commission v CSR Ltd (1991) ATPR 41-076, cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION (formerly called "TRADE PRACTICES COMMISSION") v CC (NEW SOUTH WALES) PTY LIMITED (formerly called "CONCRETE CONSTRUCTIONS (NSW) PTY LIMITED") NG 574 OF 1994 LINDGREN J 21 JANUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 574 OF 1994

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION (formerly called "TRADE PRACTICES COMMISSION")

Applicant

AND: CC (NEW SOUTH WALES) PTY LIMITED (formerly called "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