Australian Competition & Consumer Commission v Mayo International Pty Ltd & Ors [1998] FCA 937

Australian Competition & Consumer Commission v Mayo International Pty Ltd & Ors [1998] FCA 937

Mr Le Court was knowingly concerned in and a party to the contraventions concerning attempts to induce resale price maintenance, including through meetings and correspondence. Ms Shaw was directly concerned in and a party to specific contraventions. No contraventions were made out against Mr Thom beyond those pleaded; the applicant could not extend its case at this stage.

Jurisdiction
Australia
Judgment Date
07 August 1998
Procedural Posture
Civil / Judgment After Trial
Outcome
Findings of liability against Alan Jon Le Court and Alexandra Margaret Shaw for being knowingly concerned in and party to contraventions; no liability established against Brian McIntosh Thom beyond what was pleaded.
Legal Topics
['resale Price Maintenance' 'accessory Liability' 'pecuniary Penalties']
['trade Practices Law' 'competition Law'] ['resale Price Maintenance' 'accessory Liability' 'pecuniary Penalties']

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Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 ['Whether the second, third and fourth respondents were complicit in contraventions of the Trade Practices Act 1974 through aiding, abetting, counselling, procuring, or being knowingly concerned in resale price maintenance.']

Ratio Decidendi

Mr Le Court was knowingly concerned in and a party to the contraventions concerning attempts to induce resale price maintenance, including through meetings and correspondence. Ms Shaw was directly concerned in and a party to specific contraventions. No contraventions were made out against Mr Thom beyond those pleaded; the applicant could not extend its case at this stage.

Court Disposition

Findings of liability against Alan Jon Le Court and Alexandra Margaret Shaw for being knowingly concerned in and party to contraventions; no liability established against Brian McIntosh Thom beyond what was pleaded.

Orders

  • []