Australian Competition and Consumer Commission v TF Woollam & Son Pty Ltd (No 2) [2011] FCA 1216

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v TF Woollam & Son Pty Ltd (No 2) [2011] FCA 1216 Citation: Australian Competition and Consumer Commission v TF Woollam & Son Pty Ltd (No 2) [2011] FCA 1216

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: 21 October 2011

Catchwords: TRADE PRACTICES – pecuniary penalty – consideration of principles in case law and in s 76 of the Trade Practices Act 1974 (Cth) (TPA) – where respondents engaged in price-controlling behaviour – where such behaviour contravened s 45 of the TPA – where no monetary loss occurred as a result of behaviour – where conduct ad hoc and opportunistic – where financial position of respondents relevant – where no significant mitigating behaviour TRADE PRACTICES – injunctive relief under s 80 of the TPA – circumstances where such relief will be granted – where likelihood that respondents would not commit contravening conduct again – where injunctive relief would not add anything to deterrence created by imposition of pecuniary penalties – injunctive relief not granted PRACTICE AND PROCEDURE – declarations – whether to name non-party in declarations – where no pending proceedings against non-party - declarations should name non-party – recorded that non-party has not contravened the TPA