Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Caltex Petroleum Pty Ltd v Australian Competition and Consumer Commission [2001] FCA 1503 PRACTICE AND PROCEDURE –injunction granted by Australian Industrial Court in 1974 – application to rescind the injunction made 27 years later – whether Federal Court has jurisdiction and power to rescind the injunction.
Restrictive Trade Practices Act 1971 (Cth), ss 5, 22, 102 Trade Practices Act 1974 (Cth), ss 3, 6A, 80, 86, 147(2), 169 Competition Policy Reform Act 1995 (Cth), ss 39, 69, 92(2) Trade Practices Amendment Act 1976 (Cth), s3 Federal Court of Australia (Consequential Provisions) Act 1976 (Cth), s 3 Competition Policy Reform (Transitional Provisions) Regulations 1995 (Cth), reg 18 Commissioner of Trade Practices v Caltex Oil (Australia) Pty Ltd (1974) 4 ALR 133, referred to. QDSV Holdings Pty Ltd v Trade Practices Commission (1995) 59 FCR 301, cited. Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767, cited. Ladner v Siegel 298 Pa 58 487; 148A 699 (1930), cited. United States v Swift & Co 286 US 106 (1932), cited. Systems Federation No 91, Railway Employees' Department, ACL-C10 v Wright 364 US 643 (1960), cited.
CALTEX PETROLEUM PTY LTD v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION N 856 OF 2001 SACKVILLE J SYDNEY 29 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 856 OF 2001
BETWEEN: CALTEX PETROLEUM PTY LTD
APPLICANT
AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
RESPONDENT
JUDGE: SACKVILLE J.
DATE OF ORDER: 29 OCTOBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The injunction granted by the Australian Industrial Court on 12 September 1974 in proceedings B32 of 1974 in the following terms "that the Respondent, Caltex Oil (Australia) Pty Limited be, and is hereby restrained, from engaging in the practice of resale price maintenance in respect of the motor spirit marketed by it under the brandname Caltex" be rescinded. 2. The applicant pay the respondent's costs of and incidental to this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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