Davenport, Trevor v Trade Practices Commission & Anor [1983] FCA 78

Davenport, Trevor v Trade Practices Commission & Anor [1983] FCA 78

The notice served on the applicant was valid under section 155 of the Trade Practices Act 1974 as it sufficiently described matters that may constitute contraventions; the Chairman was not required to have reason to believe the applicant could answer each specific question; and 'may constitute' refers to matters which may, upon further investigation, prove to be contraventions whether past, ongoing, or future.

Parties
Applicant: Trevor Davenport; Respondent: Trade Practices Commission; Respondent: Ronald Moore Bannerman
Jurisdiction
Australia
Judgment Date
12 April 1983
Procedural Posture
Application for Declaration / Judgment at First Instance
Outcome
application dismissed with costs
Legal Topics
Section 155 Investigative Powers, Meaning of 'may Constitute a Contravention', Validity of Notice Under Trade Practices Act, Resale Price Maintenance, Price Collusion
Trade Practices Law Section 155 Investigative Powers Meaning of 'may Constitute a Contravention' Validity of Notice Under Trade Practices Act Resale Price Maintenance Price Collusion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Trevor Davenport

Applicant

Trade Practices Commission

Respondent

Ronald Moore Bannerman

Respondent

Procedural Posture

Application for Declaration / Judgment at First Instance

Legal Issues

  1. 1 Whether the section 155 notice validly required the applicant to provide the requested information
  2. 2 Whether 'may constitute a contravention of the Act' can apply to past events
  3. 3 Whether the matters specified in the notice were described with sufficient clarity

Ratio Decidendi

The notice served on the applicant was valid under section 155 of the Trade Practices Act 1974 as it sufficiently described matters that may constitute contraventions; the Chairman was not required to have reason to believe the applicant could answer each specific question; and 'may constitute' refers to matters which may, upon further investigation, prove to be contraventions whether past, ongoing, or future.

Court Disposition

application dismissed with costs

Orders

  • The application be dismissed with costs.