Australian Competition & Consumer Commission v Anglo Estates Pty Ltd (ACN 008 700 696) [2005] FCA 20

Australian Competition & Consumer Commission v Anglo Estates Pty Ltd (ACN 008 700 696) [2005] FCA 20

The admitted conduct amounted to attempted contraventions of s 45 of the Trade Practices Act 1974 (Cth), and the agreed declarations and injunctions were within power and appropriate. A modest penalty was appropriate for Anglo Estates because the conduct was small in scale, not implemented, caused no loss, produced no gain, occurred over a short period, was not deliberate defiance of the Act, and the respondents cooperated, although the conduct was calculated to affect prices for vacant residential lots. A compliance program was inappropriate for this small family company. Kenneth Williamson was relieved from penalty under s 85(6) because he acted honestly and reasonably in reliance on...

Jurisdiction
Australia
Judgment Date
21 January 2005
Procedural Posture
Trade Practices Proceeding for Attempted Price Fixing and Exclusionary Provisions / Application for Consent Declarations, Injunctions, Pecuniary Penalties, Proposed Compliance Program, and Relief Under S 85(6) of the Trade Practices Act 1974 (cth)
Outcome
Declarations and injunctions made by consent; pecuniary penalties imposed on Anglo Estates Pty Ltd and Ross Kenneth Williamson; Kenneth George Williamson relieved from penalty under s 85(6); compliance program refused; respondents ordered to pay costs.
Legal Topics
['price Fixing' 'exclusionary Provisions' 'attempted Contravention of S 45 of the Trade Practices Act 1974 (cth)' 'pecuniary Penalties' 'injunctions' 'compliance Programs' 'relief From Penalty Under S 85(6)']
['competition and Consumer Law' 'trade Practices Law'] ['price Fixing' 'exclusionary Provisions' 'attempted Contravention of S 45 of the Trade Practices Act 1974 (cth)' 'pecuniary Penalties' 'injunctions' 'compliance Programs' 'relief From Penalty Under S 85(6)']

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Procedural Posture

Trade Practices Proceeding for Attempted Price Fixing and Exclusionary Provisions / Application for Consent Declarations, Injunctions, Pecuniary Penalties, Proposed Compliance Program, and Relief Under S 85(6) of the Trade Practices Act 1974 (cth)

Legal Issues

  1. 1 ['Whether the proposed agreed declarations and injunctions were within power and appropriate.' 'Whether any, and if so what, penalty should be imposed on Anglo Estates Pty Ltd.' 'Whether Kenneth George Williamson or Ross Kenneth Williamson ought to be excused from liability for penalty under s 85(6) of the Trade Practices Act 1974 (Cth).' 'If either natural person was not excused, what penalty should be imposed.' 'Whether a compliance program order was appropriate for a small family company.']

Ratio Decidendi

The admitted conduct amounted to attempted contraventions of s 45 of the Trade Practices Act 1974 (Cth), and the agreed declarations and injunctions were within power and appropriate. A modest penalty was appropriate for Anglo Estates because the conduct was small in scale, not implemented, caused no loss, produced no gain, occurred over a short period, was not deliberate defiance of the Act, and the respondents cooperated, although the conduct was calculated to affect prices for vacant residential lots. A compliance program was inappropriate for this small family company. Kenneth Williamson was relieved from penalty under s 85(6) because he acted honestly and reasonably in reliance on...

Court Disposition

Declarations and injunctions made by consent; pecuniary penalties imposed on Anglo Estates Pty Ltd and Ross Kenneth Williamson; Kenneth George Williamson relieved from penalty under s 85(6); compliance program refused; respondents ordered to pay costs.

Orders

  • ['Anglo Estates Pty Ltd was declared to have attempted to contravene s 45(2)(a)(ii) of the Trade Practices Act 1974 (Cth) on 11 September 2002 by seeking an arrangement or understanding with the Shire fixing or controlling the minimum price for vacant residential lots.' 'Anglo Estates Pty Ltd was declared to have...