Trade Practices Commission v Milreis Pty Ltd & Ors [1978] FCA 38

Parties

Procedural Posture

Civil / Post Hearing, Reasons for Judgment

Legal Issues

1. 1 Can the Court make consent orders and accept undertakings following settlement terms, given amendments to the Trade Practices Act and repeal/substitution of s.45?
2. 2 Does s.8 of the Acts Interpretation Act 1901 preserve rights accrued before amendment of the Trade Practices Act?
3. 3 Is there a contrary intention in the amending Act preventing application of s.8 of the Acts Interpretation Act?

Ratio Decidendi

The Court had jurisdiction to make the sought orders and accept undertakings pursuant to the settlements, as rights accrued and proceedings commenced before the amendment and repeal of s.45 of the Trade Practices Act were preserved by s.8 of the Acts Interpretation Act. No contrary intention appeared in the amended legislation. Effect on third parties did not preclude making the orders where they were otherwise appropriate.

Court Disposition

orders made by consent; undertakings accepted; order for payment of costs

Orders

• The 16th Defendant, by itself, its servants and agents, restrained from circulating recommended prices for liquor from licensed hotel premises, or being party to formulation, approval, or recommendation of such prices;
• Restraint from circulating prices for liquor as recommended prices to public from licensed hotel premises or being party to such circulation;