Trade Practices Commission v I.C.I. Australia Petrochemicals Ltd & Anor [1983] FCA 116

Trade Practices Commission v I.C.I. Australia Petrochemicals Ltd & Anor [1983] FCA 116

Both respondents admitted contraventions of s.48 of the Trade Practices Act via resale price maintenance. There was no reasonable apprehension of bias for the same judge to determine both penalties. Having regard to the nature of the contraventions, the circumstances, and lack of previous offending or evidence of harm, penalties of $20,000 for ICI and $10,000 for Norris-Wightman were appropriate. Injunctions were unnecessary as steps had been taken to ensure future compliance.

Parties
Applicant: Trade Practices Commission; First Respondent: ICI Australia Petrochemicals Limited; Second Respondent: Norris Wightman Industries Pty. Limited
Jurisdiction
Australia
Judgment Date
10 June 1983
Procedural Posture
Penalty and Injunctive Relief Application Under Trade Practices Act / Judgment After Admissions; Determination of Penalty and Orders
Outcome
Pecuniary penalties ordered; costs awarded; no injunction granted.
Legal Topics
Resale Price Maintenance, Pecuniary Penalty, Legal Bias, Mitigation of Penalty
Competition Law Resale Price Maintenance Pecuniary Penalty Legal Bias Mitigation of Penalty

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Parties

Trade Practices Commission

Applicant

ICI Australia Petrochemicals Limited

First Respondent

Norris Wightman Industries Pty. Limited

Second Respondent

Procedural Posture

Penalty and Injunctive Relief Application Under Trade Practices Act / Judgment After Admissions; Determination of Penalty and Orders

Legal Issues

  1. 1 Whether the respondents contravened s.48 of the Trade Practices Act 1974 by engaging in resale price maintenance
  2. 2 Whether penalties against each respondent should be determined by the same judge due to alleged appearance of legal bias
  3. 3 Appropriate amount of pecuniary penalty and whether injunctions should be granted

Ratio Decidendi

Both respondents admitted contraventions of s.48 of the Trade Practices Act via resale price maintenance. There was no reasonable apprehension of bias for the same judge to determine both penalties. Having regard to the nature of the contraventions, the circumstances, and lack of previous offending or evidence of harm, penalties of $20,000 for ICI and $10,000 for Norris-Wightman were appropriate. Injunctions were unnecessary as steps had been taken to ensure future compliance.

Court Disposition

Pecuniary penalties ordered; costs awarded; no injunction granted.

Orders

  • ICI Australia Petrochemicals Limited to pay a pecuniary penalty of $20,000 to the Commonwealth for contraventions of s.48.
  • Judgment entered for Trade Practices Commission against ICI Australia Petrochemicals Limited for $20,000.