Caltex Petroleum Pty Ltd v Australian Competition & Consumer Commission [2001] FCA 1503

Caltex Petroleum Pty Ltd v Australian Competition & Consumer Commission [2001] FCA 1503

The injunction made by the Australian Industrial Court under s 102 of the Restrictive Trade Practices Act 1971 (Cth) was treated by transitional provisions as if made under s 80 of the Trade Practices Act 1974 (Cth). The Federal Court therefore had jurisdiction under s 86 and power under s 80(3) to rescind it. The proceedings were existing proceedings for the purposes of reg 18 of the Competition Policy Reform (Transitional Provisions) Regulations 1995 (Cth), so the ACCC was properly substituted for the TPC. Given Caltex's evidence and the ACCC's consent, the discretion should be exercised to rescind the injunction.

Jurisdiction
Australia
Judgment Date
29 October 2001
Procedural Posture
Practice and Procedure / Application to Rescind an Injunction Granted by the Australian Industrial Court on 12 September 1974
Outcome
Application granted; the 1974 injunction was rescinded and the applicant was ordered to pay the respondent's costs.
Legal Topics
['rescission of Injunction' 'jurisdiction and Power of the Federal Court' 'transitional Provisions' 'resale Price Maintenance']
['practice and Procedure' 'competition and Consumer Law'] ['rescission of Injunction' 'jurisdiction and Power of the Federal Court' 'transitional Provisions' 'resale Price Maintenance']

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Procedural Posture

Practice and Procedure / Application to Rescind an Injunction Granted by the Australian Industrial Court on 12 September 1974

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction and power to rescind an injunction granted by the Australian Industrial Court in 1974 pursuant to s 102 of the Restrictive Trade Practices Act 1971 (Cth).' 'Whether the Australian Competition and Consumer Commission was the appropriate party to the application after statutory substitution for the Trade Practices Commission.' 'Whether the Court should exercise its discretion to rescind the injunction.']

Ratio Decidendi

The injunction made by the Australian Industrial Court under s 102 of the Restrictive Trade Practices Act 1971 (Cth) was treated by transitional provisions as if made under s 80 of the Trade Practices Act 1974 (Cth). The Federal Court therefore had jurisdiction under s 86 and power under s 80(3) to rescind it. The proceedings were existing proceedings for the purposes of reg 18 of the Competition Policy Reform (Transitional Provisions) Regulations 1995 (Cth), so the ACCC was properly substituted for the TPC. Given Caltex's evidence and the ACCC's consent, the discretion should be exercised to rescind the injunction.

Court Disposition

Application granted; the 1974 injunction was rescinded and the applicant was ordered to pay the respondent's costs.

Orders

  • ['The injunction granted by the Australian Industrial Court on 12 September 1974 in proceedings B32 of 1974 in the terms "that the Respondent, Caltex Oil (Australia) Pty Limited be, and is hereby restrained, from engaging in the practice of resale price maintenance in respect of the motor spirit marketed by it under...