Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2003] FCA 1454

FEDERAL COURT OF AUSTRALIA

Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd

[2003] FCA 1454 TRADE PRACTICES – civil penalties – where breach of Act admitted – where applicant and respondent agree to form of orders and the amount of the penalty to be imposed – whether Court bound to accept parties' agreement where amount of penalty is within permissible range – recommendation that question should be referred to a Full Court

Petroleum Retail Marketing Sites Act 1980 (Cth)

Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd [2001] FCA 383; [2001] ATPR 41–815 cited

Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2002] FCA 619 cited

Australian Competition and Consumer Commission v The Tasmanian Salmonid Growers Association Ltd [2003] FCA 788 cited

Australian Securities and Investments Commission v Forge [2002] NSWSC 760 cited

Australian Securities and Investments Commission v Southcorp Ltd (No 2) [2003] FCA 1369 cited

Kingswood Distillery Pty Ltd v Comptroller-General of Customs (NSW) (unreported, 5 December 1997, Sperling J, Supreme Court of New South Wales) cited

NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 considered

Trade Practices Commission v Allied Mills Industries Pty Ltd (No 4) (1981) 60 FLR 38 cited

THE MINISTER FOR INDUSTRY, TOURISM AND RESOURCES v MOBIL OIL AUSTRALIA PTY LTD

N 1593 OF 2003

GYLES J 11 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1593 OF 2003

BETWEEN: THE MINISTER FOR INDUSTRY, TOURISM AND RESOURCES

APPLICANT

AND: MOBIL OIL AUSTRALIA PTY LTD

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 11 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The proceeding stand over to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.