Trade Practices Commission v Queensland Aggregates Pty Limited [1982] FCA 121

Trade Practices Commission v Queensland Aggregates Pty Limited [1982] FCA 121

Brian White, as quarry manager, had authority to arrange contracts with cartage contractors, including the impugned condition that they acquire trucks from Denmac Ford. As the company clothed White with this authority and he acted within the usual course of business, Queensland Aggregates Pty. Limited is liable for his actions under s.47(6) of the Trade Practices Act. Brian White was knowingly concerned in these contraventions.

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 Pecuniary Penalties and Injunctive Relief / Liability Judgment
Outcome
Liability found against both respondents for contraventions of s.47(6) of the Trade Practices Act; penalty to be determined later.
Legal Topics
Exclusive Dealing, Authority of Agents, Corporate Liability
Trade Practices Competition Law Exclusive Dealing Authority of Agents Corporate Liability

Case Brief

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Parties

Trade Practices Commission

Applicant

Queensland Aggregates Pty. Limited

First Respondent

Brian White

Second Respondent

Procedural Posture

Application for Pecuniary Penalties and Injunctive Relief / Liability Judgment

Legal Issues

  1. 1 Whether inclusion of condition requiring contractors to acquire trucks from Denmac Ford in cartage contracts fell within scope of quarry manager's authority and bound Queensland Aggregates Pty. Limited under s.47(6) of the Trade Practices Act
  2. 2 Whether Brian White was knowingly concerned in the contraventions under s.76 of the Act

Ratio Decidendi

Brian White, as quarry manager, had authority to arrange contracts with cartage contractors, including the impugned condition that they acquire trucks from Denmac Ford. As the company clothed White with this authority and he acted within the usual course of business, Queensland Aggregates Pty. Limited is liable for his actions under s.47(6) of the Trade Practices Act. Brian White was knowingly concerned in these contraventions.

Court Disposition

Liability found against both respondents for contraventions of s.47(6) of the Trade Practices Act; penalty to be determined later.

Orders

  • The first respondent contravened s.47(6) of the Trade Practices Act in the manner and on the occasions alleged in the Amended Statement of Claim.
  • The second respondent was knowingly concerned in the contraventions referred to in paragraph 1.