Australian Competition & Consumer Commission v Hymix Industries Pty Ltd & Anor [1995] FCA 1063

Australian Competition & Consumer Commission v Hymix Industries Pty Ltd & Anor [1995] FCA 1063

The Court accepted the agreement between the parties as to the existence of contraventions and the appropriate penalties, finding the agreed penalties appropriate in all circumstances.

Source-derived case information.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Hymix Industries Pty Limited; Second Respondent: Phillip John Barrett
Jurisdiction
Australia
Judgment Date
04 December 1995
Procedural Posture
Civil Penalty Proceeding / Judgment After Agreement on Penalties
Outcome
Orders made by consent according to short minutes of order
Legal Topics
Penalties for Contravention of Trade Practices Act, Anti Competitive Agreements
Competition Law Penalties for Contravention of Trade Practices Act Anti Competitive Agreements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Australian Competition and Consumer Commission

Applicant

Hymix Industries Pty Limited

First Respondent

Phillip John Barrett

Second Respondent

Procedural Posture

Civil Penalty Proceeding / Judgment After Agreement on Penalties

Legal Issues

  1. 1 Whether penalties should be imposed for contraventions of ss. 45(2)(a) and 45(2)(b) of the Trade Practices Act 1974

Ratio Decidendi

The Court accepted the agreement between the parties as to the existence of contraventions and the appropriate penalties, finding the agreed penalties appropriate in all circumstances.

Court Disposition

Orders made by consent according to short minutes of order

Orders

  • Orders in accordance with paragraphs 1-8 of the short minutes of order initialled by the Judge