Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd [2004] FCA 398

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd [2004] FCA 398 TRADE PRACTICES – civil penalty – natural person being knowingly concerned in contraventions by a corporation of the retail price maintenance provisions of the Trade Practices Act 1976 (Cth) – joint submissions on penalty – function of Court concerning suggested "agreed" penalty – orders of the Court are not orders by consent within O 35 r 10 of the Federal Court Rules Federal Court Rules O 35 r 10 Trade Practices Act 1974 (Cth) ss 48, 76, Part IV Trade Practices Commission v TNT Australia Pty Limited (1995) ATPR 41375 referred to NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1997) 71 FCR 285 followed Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 followed Trade Practices Commission v CSR Limited (1991) ATPR 41-076 referred to J. McPhee & Son (Australia) Pty Ltd and Others v Australian Competition and Consumer Commission (2000) 172 ALR 532 referred to Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd (1978) ATPR 40-091 referred to Trade Practices Commission v Allied Mills Industries Pty Ltd and Others (No 4) (1981) 37 ALR 256 referred to Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2003] FCA 1454 referred to Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2003] FCA 180 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CHASTE CORPORATION PTY LTD (IN LIQUIDATION ) ACN 089 837 329 and OTHERS No Q 252 of 2001 SPENDER J BRISBANE 6 APRIL 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 252 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: CHASTE CORPORATION PTY LTD (IN LIQUIDATION) (ACN 089 837 329)