Australian Competition & Consumer Commission v Ithaca Ice Works Pty Ltd [2000] FCA 1950

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Ithaca Ice Works Pty Ltd [2000] FCA 1950 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ITHACA ICE WORKS PTY LIMITED (ACN 009 660 306), QUEENSLAND ICE SUPPLIES PTY LIMITED (ACN 010 201 180), ANSONGUARD PTY LIMITED (ACN 010 589 929), KENNETH JOHN SMITH, ANTHONY JOHN MEE, GREGORY PAUL MEE, BRIAN BRADLEY, LEO GREVIS, GARY JOHN GREVIS, RODERICK IAN MATHESON AND JACK NUMAN BERRY Q 216 OF 1999 DOWSETT J 4 DECEMBER 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 216 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: ITHACA ICE WORKS PTY LIMITED (ACN 009 660 306)

FIRST RESPONDENT

QUEENSLAND ICE SUPPLIES PTY LIMITED (ACN 010 201 180)

SECOND RESPONDENT

ANSONGUARD PTY LIMITED (ACN 010 589 929)

THIRD RESPONDENT

KENNETH JOHN SMITH

FOURTH RESPONDENT

ANTHONY JOHN MEE

FIFTH RESPONDENT

GREGORY PAUL MEE

SIXTH RESPONDENT

BRIAN BRADLEY

SEVENTH RESPONDENT

LEO GREVIS

EIGHTH RESPONDENT

GARY JOHN GREVIS

NINTH RESPONDENT

RODERICK IAN MATHESON

TENTH RESPONDENT

JACK NUMAN BERRY

ELEVENTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 4 DECEMBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. In respect of his ancillary involvement in the contraventions of sections 45(2)(a)(i) and 45(2)(a)(ii) of the Trade Practices Act 1974, alleged in paragraph 49 of the statement of claim, a penalty in respect of all contraventions of $10,000 be imposed upon the eleventh respondent. 2. The penalty imposed upon the eleventh respondent under order 1 is to be paid to the Commonwealth of Australia in two instalments of $5,000 each. The first to be paid no later than 9 calendar months after the date of this order and the second to be paid no later than 12 calendar months after the date of this order. Provided that if the first instalment is not paid by the due date therefore, the whole pecuniary penalty of $10,000 shall be immediately due and payable.