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Trade Practices Commission v Mobil Oil Australia Ltd

Trade Practices Commission v Mobil Oil Australia Ltd

Case [1996] FCA 806

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AGLC: Trade Practices Commission v Mobil Oil Australia Ltd [1996] FCA 806
Case: [1996] FCA 806
Decision Date: 9 Sep 1996

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Citations

Trade Practices Commission v Mobil Oil Australia Ltd [1996] FCA 806

Most Recent Citation

Trade Practices Commission v. The Heating Centre Pty Ltd & Anor [1985] FCA 146

Cases Citing This Decision

Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181
Citation 1

…; (2011) 195 FCR 203 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Warren v Coombes (1979) 142 CLR 531 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584 Date of hearing: 10 N…
SC Johnson & Son Pty Limited v Reckitt Benckiser (Australia) Pty Limited (No 2) [2012] FCA 1362
Citation 2 (Para 14)

…68]. Such relief can also be granted to mark the Court’s disapproval of particular conduct: Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at 300; Australian Competition and Consumer Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 at [217].…
Dynamic Supplies Pty Limited v Tonnex International Pty Limited (No 2) [2011] FCA 675
Citation 3 (Para 5)

…68]. Such relief can also be granted to mark the Court’s disapproval of particular conduct: Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at 300; Australian Competition and Consumer Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 at [217].…
Australian Communications and Media Authority v Mobilegate Ltd a Company Incorporated in Hong Kong (No 4) [2009] FCA 1225
Citation 4 (Para 3)

…guidance on the role of both specific and general deterrence in the imposition of penalties. In Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at pages 297 to 298, Toohey J, then a judge of this Court, remarked: The penalty should be such as to deter not only the particular offender but othe…
Australian Competition and Consumer Commission v Zanok Technologies Pty Ltd [2009] FCA 1124
Citation 5 (Para 12)

…J said that the Act permitted the granting of an injunction to deter an offender from repeating the offence and in TPC v Mobil Oil Australia Limited (1985) 4 FCR 296, Toohey J said that even where there was no evidence to indicate the offenders intention to continue the offending conduct, it might be appropriate t…
Australian Competition and Consumer Commission v FChem (Aust) Limited [2008] FCA 344
Citation 6 (Para 18)

…d down in the Act must be observed, but not be so high as to be oppressive. See also Toohey J in Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at 297-298; Trade Practices Commission v Prestige Motors Pty Ltd & Ors [1994] ATPR 41-359 at 42,699 per Leigh J; Pye Industries Sales Pty Ltd v Trade…
Australian Prudential Regulation Authority v Siminton (No 6) [2007] FCA 1608
Citation 7 (Para 14)

…pproval of the flagrant breaches of the Act which had been perpetrated by Mr Siminton; see Trade Practices Commission v Mobil Oil Australia Limited (1985) 4 FCR 296 at 300.…
Australian Competition and Consumer Commission v Admiral Mechanical Services Pty Ltd [2007] FCA 1085
Citation 8 (Para 7)

…cific: Trade Practices Commission v Stihl Chainsaws (Aust) Pty Limited (1978) ATPR 40-091 at 17,896; Trade Practices Commission v Mobil Oil Australia (1985) 4 FCR 296 at 298; Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301; CSR Ltd (1991) ATPR 41-076 at 52,152.…
Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd [2006] FCA 1777
Citation 9 (Para 16)

…ion of contravening conduct, but to deter an offender from repeating the offence: ICI at 268. In Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296, Toohey J said that in the case of a particularly flagrant breach and in the absence of any evidence of an intention on the offender’s part to contin…
Australian Competition and Consumer Commission v Westminster [2005] FCA 1299
Citation 10 (Para 16)

…t on their part, and the general deterrence which a significant penalty is likely to effect: see Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 per Toohey J at 298. In NW Frozen Foods at 294 – 295 Birchett and Kiefel JJ said: ‘The Court should leave no room for any impression of weakness in i…
Australian Competition and Consumer Commission v McMahon Services Pty Ltd [2004] FCA 1425
Citation 11 (Para 16)

…and in similar circumstances would be deterred from similar breaches of the TPA: see Toohey J in Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at 297-298. Plainly enough that determination involves judgment and is a matter of degree. It is not a “scientific” determination. What might be the…
Australian Competition and Consumer Commission v 4WD Systems Pty Ltd [2003] FCA 850
Citation 12 (Para 9)

…s in the ‘public interest’. So, for example, an injunction might be granted to mark the Court’s disapproval of the behaviour of the respondent: Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 496 at 299. Nevertheless, what is being sought is an injunction. The discretion to grant the remedy must be exercised judicially, taking account of t…
Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2002] FCA 619
Citation 13 (Para 23)

…pecuniary penalty under s 76 is deterrence. That has two aspects, specific and general: Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at 297-8. Factors tending to the imposition of substantial pecuniary penalties in the present case ·Colgate has substantial assets and revenue, and generates…
Australian Competition and Consumer Commission v Rural Press Ltd [2001] FCA 1065
Citation 14 (Para 7)

…tion and Consumer Commission v Telstra Corporation Ltd (1997) ATPR 41-540 at 43-505; Toohey J in Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at 300.…
Australian Competition and Consumer Commission v Australian Securities and Investments Commission [2000] NSWSC 316
Citation 15

…) 29 NSWLR 88 Trade Practices Commission v Allied Mills Industries Pty Ltd (1981) ATPR 40-204 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Trade Practices Commission v Mobil Oil Australia Ltd (1985) ATPR 40-503 DECISION: Application for reinstatement granted, upon conditions…
Volunteer Eco Students Abroad Pty Limited v Reach Out Volunteers Pty Limited [2013] FCA 731
Citation 16

…Pty Ltd (1982) 42 ALR 177 Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 Tritech Technology Pty Ltd v Gordon (2000) 48 IPR 52 Tullett Prebon v Simon Purcell [2008] NSWSC 852 University of Western Australia v Gray (2009) 179 FCR 346 Victoria University of Technology v Wilson (2004) 60 IPR 392…
Australian Competition and Consumer Commission v Adepto Publications Pty Ltd [2013] FCA 247
Citation 17 (Para 14)

…to achieve even handedness in the penalties it awards (see FChem at [32]). See also Toohey J in Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 at 297-298; Trade Practices Commission v Prestige Motors Pty Ltd & Ors [1994] ATPR 41-359 at 42,699; Pye Industries Sales Pty Ltd v Trade Practices C…
Australian Competition and Consumer Commission v Black and White Cabs Pty Ltd [2010] FCA 1399
Citation 18 (Para 8)

…The principles concerning the imposition of penalties are well known: see eg Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296; NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285; and Trade Practices Commission v CSR Ltd [1991] ATPR 41-076. Notably, when t…
Australian Competition and Consumer Commission v J McPhee & Son (Australia) Pty Ltd [1998] FCA 310
Citation 19

…Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd (1978) 2 ATPR 40-091 at 17,896 applied Trade Practices Commission v Mobil Oil Australia (1985) 4 FCR 296 at 298 mentioned…
The Australian Competition & Consumer Commission v Telstra Corporation Ltd [1996] FCA 1099
Citation 20

…While the likelihood of future contravention of the Trade Practices Act 1974 by a respondent is regarded as a consideration relevant to the exercise of the discretionary power conferred by s.80(1) thereof ( I.C.I. Australia Operations Pty. Ltd. v. Trade Practices Commission (1992) A.T.P.R. #41-185 a…
Trade Practices Commission v Prestige Motors Pty Ltd [1994] FCA 874
Citation 21

…d and Thompson Pty. Ltd. (1987) ATPR 40-772 TPC v. Caravella (1994) ATPR 41-293 TPC v. CSR Limited (1991) ATPR 41-076 TPC v. Mobil Oil Australia Ltd. (1985) 4 FCR 296 TPC v. Stihl Chain Saws (Aust.) Pty. Ltd. (1978) ATPR 40-091…
Trade Practices Commission v Annand & Thompson Pty Ltd [1987] FCA 139
Citation 22

…Toohey J., in Trade Practices Commission v. Mobil Oil Australia Ltd. (1985) ATPR 40.503 at 46,027, observed:-…
Trade Practices Commission v David Jones Pty Limited [1986] FCA 698
Citation 23

…s other than Russwat, Mr. Russell and Mr. Watson opposed the ordering of injunctions. My attention was drawn to the approach adopted by Toohey LT. in Trade Practices Commission v Mobil Oil Australia Ltd. (1985) 4 F.C.R. 296 when he exercised his discretion and refused injunctions. I adopt his approach which in my view, is equally applicable to the circumstan…
Trade Practices Commission v BP Australia Ltd [1985] FCA 607
Citation 24

…In prescribing a maximum penalty of $250,000 in the case of a body corporate, s.76(1) empowers the court to impose such pecuniary penalty as it determines to be appropriate having regard to all relevant matters including the nature and extent of the act and of any loss or damage suffered as a result…
Trade Practices Commission v The Heating Centre Pty Ltd [1985] FCA 146
Citation 25

…See Trade Practices Commission v. Mobil Oil Australia Limited (1985) ATPR 40-503; cf. Ducret v. Colourshot Pty. Limited (1981) 35 ALR 503 at pp 507-8.…

Cases Cited

Statutory Material Cited

Mulcahy v The Queen [2012] ACTCA 3
Citation 1

…do a lawful act by unlawful means. It follows, on Mr Finkelstein's argument, that the agreement must precede the act which is agreed to be done. See Mulcahy v The Queen (1868) 3 L.R. H.L. Cas. 306 where Willes J observed at 317:…
Wickstead v Browne [No 2] [1993] NSWCA 289
Citation 2

…Mr Merkel invoked the dissenting judgment of Kirby P in Wickstead v Browne (1992) 30 NSWLR 1 which was later upheld by the High Court, as supporting his contention that the Commission should be allowed to proceed to trial on the allegation of conspiracy in its present form and that a decision on whether that course…
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24
Citation 3

…d into a contract has been authoritatively analysed, especially by Mason J, in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337.…
Coe v Commonwealth of Australia [1979] HCA 68
Citation 4

…burden is cast upon the respondents to spell out the alleged cause or causes of action. The whole pleading must be struck out: cf Coe v Commonwealth (1979) 24 ALR 118; 53 ALJR 403 per Jacobs J at 409.…
State of New South Wales v McCloy Hutcherson Pty Ltd [1993] FCA 507
Citation 5

…Allied Mills was considered but not applied by Beazley J in New South Wales v McCloy Hutcherson Pty Ltd (1993) 43 FCR 489 where her Honour observed at 507:…
Trade Practices Commission v David Jones (Australia) Pty Ltd [1986] FCA 36
Citation 6

…cts are pleaded about the contract, agreement and understanding alleged in para. 36 than could be discerned in the pleading struck out by Fisher J in Trade Practices Commission v David Jones (Australia) Pty Ltd (1983) 7 FCR 109. However, ordinarily, a defendant or respondent required to respond to a pleading which alleges that he or she was a party to an agreement…
Trade Practices Commission v Allied Mills Industries Pty Ltd [1980] FCA 151
Citation 7

…s for inferring that a communication has been made in the way which I have suggested is necessary to constitute a contract or understanding. Thus, in Trade Practices Commission v Allied Mills Industries Pty Ltd (1980) 48 FLR 102, Sheppard J accepted that particulars of communication between the respondents were scant. However, he also indicated, at 109, that "paral…
Trade Practices Commission v Allied Mills Industries Pty Ltd [1980] FCA 133
Citation 8

…which I have suggested is necessary to constitute a contract or understanding. Thus, in Trade Practices Commission v Allied Mills Industries Pty Ltd (1980) 48 FLR 102, Sheppard J accepted that particulars of communication between the respondents were scant. However, he also indicated, at 109, that "parallel conduct…
Trade Practices Commission v Email Ltd [1980] FCA 107
Citation 9

…ed. It depends on the facts of each case." In that context, reference was made to the judgment of Lockart J in Trade Practices Commission v Email Ltd (1980) 43 FLR 383 where it was observed, at 386:…
Gunns Ltd v Marr [2005] VSC 251
Citation 10

…in its essential features, is the course which commended itself to Lockhart J in Trade Practices Commission v Australian Iron and Steel Pty Ltd 1990 92 ALR 395 where his Honour observed at 413:…

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