Australian Competition and Consumer Commission v Keshow (No.2) [2005] FCA 989

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Keshow (No.2) [2005] FCA 989

TRADE PRACTICES – representative action by ACCC – motion seeking compensation orders pursuant to s 87(1A) of the Act – motion reliant upon findings of fact as between applicant and respondent given in earlier judgment – whether necessary to rely upon s 83 Trade Practices Act 1974 (Cth), s 83 Trade Practices Amendment Act (No.1) 2001 (Cth)

Fenech v Sterling (1983) 79 FLR 244 distinguished Jones v Sterling (1982) 63 FLR 216 distinguished Trade Practices Commission v Sterling (1980) 28 ALR 497 cited Australian Competition and Consumer Commission v Black on White [2002] FCA 739 cited Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388 cited Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494 cited Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 applied Commercial Bank of Australia v Amadio (1983) 151 CLR 447 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v RAMON KESHOW NTD 19 of 2004 MANSFIELD J 21 JULY 2005 DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY NTD 19 OF 2004

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: RAMON KESHOW

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 21 JULY 2005

WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. The Respondent pay compensation pursuant to section 87(1A) of the Trade Practices Act 1974 (Cth) to each of the following persons named in the following amounts: Ingrid White $10,440 Roseanne Dixon $2,080 Deanne Williams $6,930 Louanne Patterson $680 Marlene Doolan $720 Rosina Dickson $4,000 Fiona Turner $1,080 Muriel Palmer $600 in the manner referred to in order 3 hereof. 2. The Respondent pay to the Applicant costs of and incidental to its Notice of Motion of 23 June 2005. 3. The Respondent pay the amounts referred to in order 1 hereof to the 'Australian Government Solicitor Trust Account' at Australian Government Solicitor, Level 20, 25 Grenfell Street, Adelaide SA 5000 within 30 days of the date of these orders.