Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd (ACN 007 512 419) [2005] FCA 683

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd (ACN 007 512 419) [2005] FCA 683 TRADE AND COMMERCE – unlawful trade practices – making of contract containing exclusionary provisions – where admission of contravention – parties substantially in agreement regarding appropriate relief – discretion of Court – matters to be taken into account when determining pecuniary penalties – relevance of agreement between parties – whether injunction restraining similar contravention should be limited in time – leave to seek later declaratory relief denied TRADE AND COMMERCE – admitted contraventions by one respondent where more than one respondent – appropriateness of dealing with relief before conclusion of proceedings against other respondent Trade Practices Act 1974 (Cth), ss 4D, 45(2), 45(2)(a)(i), 76, 76(1), 80 Australian Competition and Consumer Commission v George Weston Foods Limited [2004] FCA 1093, (2004) 210 ALR 486, cited Markarian v The Queen [2005] HCA 25, referred to Minister for Industry Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; (2004) ATPR 41-993, followed

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v LIQUORLAND (AUSTRALIA) PTY LTD (ACN 007 512 419) AND WOOLWORTHS LTD (ACN 000 0145 675)

N 769 OF 2003

GYLES J

31 MAY 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 769 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: LIQUORLAND (AUSTRALIA) PTY LTD (ACN 007 512 419)

FIRST RESPONDENT

WOOLWORTHS LTD (ACN 000 0145 675)

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 31 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

Injunctions

1. The first respondent be restrained, whether by its directors, servants, agents or howsoever otherwise for a period of three years from the date of this order from making, or arriving at, or giving effect to, inducing or attempting to induce any person to make or arrive at, or give effect to, or being in any way knowingly concerned in, or party to, the making or arriving at, or giving effect to, any contract, arrangement or understanding with an applicant for a liquor licence in New South Wales which: