Mildura Fruit Juices Pty Ltd v Bannerman, Ronald Moore & Anor [1983] FCA 97

Mildura Fruit Juices Pty Ltd v Bannerman, Ronald Moore & Anor [1983] FCA 97

The s.155 notice was invalid because, while the 'matters' relating to orange juice and concentrate were sufficiently identified, alleged contraventions as to 'orange juice drink and orange juice drink concentrate' were not properly identified, rendering the notice invalid. Accordingly, the applicant is not obliged to comply with the notice.

Parties
Applicant: Mildura Fruit Juices Pty. Ltd.; First Respondent: Ronald Moore Bannerman; Second Respondent: Trade Practices Commission
Jurisdiction
Australia
Judgment Date
20 May 1983
Procedural Posture
Application for Judicial Review / Reasons for Judgment at First Instance
Outcome
Application allowed in part; declaration made.
Legal Topics
Validity of Statutory Notice, Particularisation of Statutory Notice, External Affairs Power, Consumer Protection, Judicial Review of Regulatory Action
Trade Practices Administrative Law Constitutional Law Validity of Statutory Notice Particularisation of Statutory Notice External Affairs Power Consumer Protection Judicial Review of Regulatory Action

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Parties

Mildura Fruit Juices Pty. Ltd.

Applicant

Ronald Moore Bannerman

First Respondent

Trade Practices Commission

Second Respondent

Procedural Posture

Application for Judicial Review / Reasons for Judgment at First Instance

Legal Issues

  1. 1 Whether s.55 of the Trade Practices Act 1974 is within the constitutional power of the Commonwealth
  2. 2 Whether the matters identified in the s.155 notice are validly particularised and adequately identified
  3. 3 Validity of the s.155 notice based on the manner of expressing contraventions of ss.52(1), 53(a), and 55

Ratio Decidendi

The s.155 notice was invalid because, while the 'matters' relating to orange juice and concentrate were sufficiently identified, alleged contraventions as to 'orange juice drink and orange juice drink concentrate' were not properly identified, rendering the notice invalid. Accordingly, the applicant is not obliged to comply with the notice.

Court Disposition

Application allowed in part; declaration made.

Orders

  • Declare that the applicant is not obliged to comply with the notice under s.155 of the Trade Practices Act 1974 dated 12th October 1982 received from the first respondent.
  • Costs are reserved for submissions at a later date.