Trade Practices Commission v QLD- Aggregates Pty Ltd & Anor [1982] FCA 209

Trade Practices Commission v QLD- Aggregates Pty Ltd & Anor [1982] FCA 209

Because the company derived no benefit, was unaware of the conduct, and will face separate proceedings by contractors, only a significant penalty for the principal breach and nominal penalties for the others are appropriate. For White, as he acted for his personal benefit, concealed the breaches, and received monetary gain, a significant penalty for the main breach and nominal penalties for the rest are also appropriate, with consideration of his financial hardship.

Parties
Applicant: Trade Practices Commission; First Respondent: Queensland Aggregates Pty. Limited; Second Respondent: Brian White
Jurisdiction
Australia
Judgment Date
14 October 1982
Procedural Posture
Civil / Penalty Determination and Reasons for Judgment
Outcome
Penalties imposed on both respondents for breaches of Trade Practices Act, s.47(1) and (6); costs awarded to applicant.
Legal Topics
Exclusive Dealing, Pecuniary Penalties, Employee Misconduct, Corporation Responsibility Under Trade Practices Act
Competition Law Exclusive Dealing Pecuniary Penalties Employee Misconduct Corporation Responsibility Under Trade Practices Act

Case Brief

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Parties

Trade Practices Commission

Applicant

Queensland Aggregates Pty. Limited

First Respondent

Brian White

Second Respondent

Procedural Posture

Civil / Penalty Determination and Reasons for Judgment

Legal Issues

  1. 1 What penalties are appropriate for breaches of s.47(1) and (6) of the Trade Practices Act 1974 by a corporation and an employee, where the breaches were unknown to the corporation's directors and benefitted only the employee?

Ratio Decidendi

Because the company derived no benefit, was unaware of the conduct, and will face separate proceedings by contractors, only a significant penalty for the principal breach and nominal penalties for the others are appropriate. For White, as he acted for his personal benefit, concealed the breaches, and received monetary gain, a significant penalty for the main breach and nominal penalties for the rest are also appropriate, with consideration of his financial hardship.

Court Disposition

Penalties imposed on both respondents for breaches of Trade Practices Act, s.47(1) and (6); costs awarded to applicant.

Orders

  • First respondent to pay the Commonwealth of Australia $5,000 for breach in paragraph 4 and $100 for each breach in paragraphs 5 to 14.
  • Judgment for Trade Practices Commission against first respondent for $6,000.