Davenport v Trade Practices Commission

Davenport applied for an order to quash a notice given by the Trade Practices Commission under section 155 of the Trade Practices Act 1974. The notice required Davenport to provide information that may constitute a contravention of the Act. Davenport argued that the notice was invalid due to insufficient descriptions of the alleged contraventions, which made it impossible for him to provide the required information. The Federal Court was tasked with determining the validity of the notice and the sufficiency of the descriptions provided.

The court examined the language of section 155 and considered the meaning of 'any such information' and 'may constitute a contravention of the Act.' The court held that the notice was valid and that the descriptions of the alleged contraventions were sufficient. The court found that the notice was not rendered invalid by the lack of specificity in the descriptions, as long as the information requested was reasonably related to the investigation. The court also held that the notice did not require Davenport to provide information that was not within his knowledge or control.

The court dismissed Davenport's application to quash the notice, finding that the notice was valid and the descriptions of the alleged contraventions were sufficient. The court ordered that the application be dismissed with costs. The decision reinforces the importance of providing clear and concise notices under section 155 of the Trade Practices Act 1974, while also acknowledging the need for flexibility in the descriptions of the alleged contraventions.