Australian Competition and Consumer Commission v Liquorland (Australia) Pty Limited [2007] FCA 1339

Australian Competition and Consumer Commission v Liquorland (Australia) Pty Limited [2007] FCA 1339

The Court found that the protocols put in place by Woolworths are adequate to prevent further contraventions of the Trade Practices Act 1974. No evidence of risk sufficient to warrant further general injunctive relief was established, and general orders of the type sought by the Commission are inappropriate in the circumstances.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Liquorland (Australia) Pty Limited; Second Respondent: Woolworths Limited
Jurisdiction
Australia
Judgment Date
27 August 2007
Procedural Posture
Civil / Post Trial, Relief and Costs Determination
Outcome
No further orders beyond those made on 22 December 2006; each party to pay its own costs of today's application and preparation thereof.
Legal Topics
Injunctive Relief, Contraventions of Trade Practices Act 1974, Compliance Protocols, Penalties
Competition Law Injunctive Relief Contraventions of Trade Practices Act 1974 Compliance Protocols Penalties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Australian Competition and Consumer Commission

Applicant

Liquorland (Australia) Pty Limited

First Respondent

Woolworths Limited

Second Respondent

Procedural Posture

Civil / Post Trial, Relief and Costs Determination

Legal Issues

  1. 1 Whether further injunctive relief should be granted against Woolworths Limited
  2. 2 Whether the protocols implemented by Woolworths are adequate to prevent future contraventions of the Trade Practices Act 1974
  3. 3 Appropriateness of general injunctions under s 80 of the Trade Practices Act 1974

Ratio Decidendi

The Court found that the protocols put in place by Woolworths are adequate to prevent further contraventions of the Trade Practices Act 1974. No evidence of risk sufficient to warrant further general injunctive relief was established, and general orders of the type sought by the Commission are inappropriate in the circumstances.

Court Disposition

No further orders beyond those made on 22 December 2006; each party to pay its own costs of today's application and preparation thereof.

Orders

  • No further order in relation to the contraventions found to have occurred beyond the orders made on 22 December 2006.
  • Each party pay its own costs of the application today and of its reasonable preparation from the point at which the parties expressed their contentions to be advanced today.