Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Mailpost Australia Limited [2010] FCA 369
Citation: Australian Competition and Consumer Commission v Mailpost Australia Limited [2010] FCA 369
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MAILPOST AUSTRALIA LIMITED (ACN 120 581 599), MAILPOST POSTIE NETWORK SYDNEY PTY LIMITED (ACN 125 913 573) and PETER KRITAS
File number: NSD 1474 of 2009
Judge: FOSTER J
Date of judgment: 20 April 2010
Catchwords: TRADE PRACTICES – admitted contraventions of ss 51AD, 52, 53(g) and 59 of the Trade Practices Act 1974 (Cth) – proposed declarations and orders by consent – whether injunctions pursuant to s 75B and s 80 limited to a five year period should be granted against the individual who controlled the corporate contraveners – relevant principles discussed – relief sought by consent granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) ss 51AD, 51AE, 52, 53(g), 59, 75B, 80, 83, 87 and 163A Trade Practices (Industry Codes—Franchising) Regulations 1998 cll 5, 6, 6A, 6B, 10 and 11
Cases cited: Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] ATPR 42-192 cited Australian Competition and Consumer Commission v George Weston Foods Ltd (2004) 210 ALR 486 cited Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (2006) 157 FCR 162 applied Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2005] ATPR 42-070 Australian Competition and Consumer Commission v Qantas Airways Ltd (2008) 253 ALR 89 cited Australian Competition and Consumer Commission v Signature Security Group Pty Ltd [2003] ATPR 41-942 applied Australian Competition and Consumer Commission v Wizard Mortgage Corporation Ltd [2002] ATPR 41-903 cited Foster v Australian Competition and Consumer Commission (2006) 149 FCR 135 followed ICI Australia Operations Pty Limited v Trade Practices Commission (1992) 38 FCR 248 applied
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