Trade Practices Commission v Queensland Aggregates Pty Ltd & Anor [1982] FCA 329

Trade Practices Commission v Queensland Aggregates Pty Ltd & Anor [1982] FCA 329

Brian White, as quarry manager, had authority to negotiate cartage contracts including the impugned condition; Queensland Aggregates is liable for his conduct under s.47(6) of the Trade Practices Act, even though White received payments from Denmac Ford and the arrangement was not known to directors.

Parties
Applicant: Trade Practices Commission; First Respondent: Queensland Aggregates Pty. Limited; Second Respondent: Brian White
Jurisdiction
Australia
Judgment Date
23 June 1982
Procedural Posture
Application for Penalties and Injunctive Relief / Liability Determination, Penalties to Be Determined Later
Outcome
Liability found for contravention of s.47(6) by Queensland Aggregates; Brian White knowingly concerned in the contravention; question of penalties adjourned.
Legal Topics
Exclusive Dealing, Authority of Agents, Liability of Corporations
Trade Practices Competition Law Corporations Law Exclusive Dealing Authority of Agents Liability of Corporations

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Parties

Trade Practices Commission

Applicant

Queensland Aggregates Pty. Limited

First Respondent

Brian White

Second Respondent

Procedural Posture

Application for Penalties and Injunctive Relief / Liability Determination, Penalties to Be Determined Later

Legal Issues

  1. 1 Did Queensland Aggregates engage in exclusive dealing contrary to s.47(6) of the Trade Practices Act 1974?
  2. 2 Was Brian White acting within his authority in making contracts with cartage contractors containing the impugned condition?
  3. 3 Is the company liable for White's actions even if performed partly for his own benefit?

Ratio Decidendi

Brian White, as quarry manager, had authority to negotiate cartage contracts including the impugned condition; Queensland Aggregates is liable for his conduct under s.47(6) of the Trade Practices Act, even though White received payments from Denmac Ford and the arrangement was not known to directors.

Court Disposition

Liability found for contravention of s.47(6) by Queensland Aggregates; Brian White knowingly concerned in the contravention; question of penalties adjourned.

Orders

  • The first respondent contravened s.47(6) of the Trade Practices Act as alleged.
  • The second respondent was knowingly concerned in these contraventions.