ACCC v Monza Imports Pty Ltd [2001] FCA 1455

FEDERAL COURT OF AUSTRALIA

ACCC v Monza Imports Pty Ltd [2001] FCA 1455

TRADE PRACTICES – applicant claimed declaratory, injunctive and other relief in respect of alleged contraventions by respondent of s 65C(1)(a) of the Trade Practices Act – evidence that respondent co-operated fully in relation to contravention when informed of it – respondent at all times willing to give undertaking in terms substantially the same as injunctive orders sought in application – parties reached settlement – application for final orders by consent – those orders included an order that the respondent pay the applicant's costs – whether appropriate for Court to refuse to make orders or refuse to make costs order on the basis that the respondent was always willing to give a suitable undertaking and do everything necessary to rectify the consequences of its contravention – whether appropriate to make findings of fact for the purposes of s 83 of the Act.

Trade Practices Act 1974 (Cth), ss 65C(1)(a), 83

Trade Practices Commission v Cue Design Pty Ltd (1996) ATPR 41-475 referred to Australian Competition and Consumer Commission v Apollo Optical (Aust) Pty Ltd [2001] FCA 1456 referred to Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MONZA IMPORTS PTY LTD W 277 of 2001 CARR J 17 OCTOBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 277 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: MONZA IMPORTS PTY LIMITED

(ACN 005 140 410)

Respondent

JUDGE: CARR J

DATE OF ORDER: 17 OCTOBER 2001

WHERE MADE: PERTH

BY CONSENT THE COURT DECLARES AND ORDERS THAT: