Australian Competition and Consumer Commission v TF Woollam & Son Pty Ltd [2011] FCA 973

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v TF Woollam & Son Pty Ltd [2011] FCA 973 Citation: Australian Competition and Consumer Commission v TF Woollam & Son Pty Ltd [2011] FCA 973

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TF WOOLLAM & SON PTY LTD ACN 009 676 064, JM KELLY (PROJECT BUILDERS) PTY LTD ACN 010 280 412, CARMICHAEL BUILDERS PTY LTD ACN 010 723 396, JOHN GEOFFREY MURPHY and GEORGE LUKE BOGIATZIS

File number: QUD 236 of 2009

Judge: LOGAN J

Date of judgment: 24 August 2011

Corrigendum: 26 October 2011

Catchwords: TRADE PRACTICES – anti-competitive arrangements whether there was an "arrangement" or "understanding" – arrangement or understanding between builders for builder A to supply a "cover price" to builder B so that B's tender price would be higher than A's – Trade Practices Act 1974 (Cth) ss 4F, 45(2)(a)(ii) and 45(2)(b)(ii) TRADE PRACTICES – anti-competitive arrangements – whether provision of arrangement had the purpose or has or would be likely to have the effect of substantially lessening competition in a market – whether there was competition between respondent builders – application of deeming provision in s 45A of the Trade Practices Act 1974 (Cth) – whether a market needed to be identified TRADE PRACTICES – accessorial liability – degree of knowledge of contraventions required in order to attract liability – Trade Practices Act 1974 (Cth) ss 45(2)(a)(ii), 45(2)(b)(ii), 52 and 76 TRADE PRACTICES – misleading or deceptive conduct – implied and express representations – representations as to ability to comply with various contractual requirements relating to absence of dealings between tenderers or knowledge of price of other tenderers – failure to disclose such dealings or knowledge to client – whether representations misleading or deceptive - Trade Practices Act 1974 (Cth) s 52 Held: representation misleading or deceptive