Trade Practices Commission v. CC (NSW) P/L [1994] FCA 917

Trade Practices Commission v. CC (NSW) P/L [1994] FCA 917

Having regard to Richmond's minor role, cooperation, personal circumstances and the parties' agreement, fixing the pecuniary penalty at $10,000.00 is an appropriate and discretionary exercise in response to his being knowingly concerned in corporate contravention of s 45 as extended by ss 4D and 45A.

Jurisdiction
Australia
Judgment Date
24 November 1994
Procedural Posture
Civil / Determination of Pecuniary Penalty Following Consent Orders
Outcome
Order that the tenth respondent, Russell Norman Richmond, pay a pecuniary penalty of $10,000.00 to the Commonwealth within 28 days.
Legal Topics
['restrictive Trade Practices' 'exclusionary Provisions' 'arrangements Lessening Competition' 'pecuniary Penalties' 'accessory Liability']
['trade Practices'] ['restrictive Trade Practices' 'exclusionary Provisions' 'arrangements Lessening Competition' 'pecuniary Penalties' 'accessory Liability']

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Procedural Posture

Civil / Determination of Pecuniary Penalty Following Consent Orders

Legal Issues

  1. 1 ['What is the appropriate pecuniary penalty for an individual knowingly concerned in, or party to, corporate contravention of s 45 of the Trade Practices Act 1974 involving exclusionary provisions and arrangements substantially lessening competition?']

Ratio Decidendi

Having regard to Richmond's minor role, cooperation, personal circumstances and the parties' agreement, fixing the pecuniary penalty at $10,000.00 is an appropriate and discretionary exercise in response to his being knowingly concerned in corporate contravention of s 45 as extended by ss 4D and 45A.

Court Disposition

Order that the tenth respondent, Russell Norman Richmond, pay a pecuniary penalty of $10,000.00 to the Commonwealth within 28 days.

Orders

  • ['The tenth respondent pay to the Commonwealth a pecuniary penalty of $10,000.00 in respect of all his acts and omissions referred to in the amended statement of claim constituting his being knowingly concerned in, or party to, contraventions by the first, third, fifth, seventh and ninth respondents of s 45 as...