Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Woolworths (South Australia) Pty Limited (No 2) [2004] FCA 128
TRADE PRACTICES – conduct admitted to be in contravention of Part IV of Trade Practices Act 1974 (Cth) – parties propose consent declaratory and injunctive orders – respondents undertaking to Australian Competition & Consumer Commission as part of overall resolution of issues – proposed undertaking to pay sum of money to third party not by way of direct compensation – whether Court should note proposed undertaking – considerations relevant to Court when considering whether to note proposed undertaking AUSTRALIAN COMPETITION & CONSUMER COMMISSION v WOOLWORTHS (SOUTH AUSTRALIA) PTY LIMITED ACN 007 873 118 (TRADING AS MAC'S LIQUOR), THE ARNHEM CLUB INCORPORATED RIN 00217C, RHONWOOD PTY LIMITED ACN 010 832 309 (TRADING AS WALKABOUT TAVERN), DONALD ALEXANDER MILLER, PAUL SAMUEL MILLER & MICHELLE LOUISE MILLER
D 18 of 2002 MANSFIELD J 18 FEBRUARY 2004 DARWIN (HEARD IN ADELAIDE)
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY D 18 OF 2002
BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION
APPLICANT
AND: WOOLWORTHS (SOUTH AUSTRALIA) PTY LIMITED
ACN 007 873 118 (TRADING AS MAC'S LIQUOR)
FIRST RESPONDENT
THE ARNHEM CLUB INCORPORATED
RIN 00217C
SECOND RESPONDENT
RHONWOOD PTY LIMITED
ACN 010 832 309 (TRADING AS WALKABOUT TAVERN)
THIRD RESPONDENT
DONALD ALEXANDER MILLER
FOURTH RESPONDENT
PAUL SAMUEL MILLER
FIFTH RESPONDENT
MICHELLE LOUISE MILLER
SIXTH RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 18 FEBRUARY 2004
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