Trade Practices Commission v Mobil Oil Australia Ltd

Mobil Oil Australia Ltd faced legal action by the Trade Practices Commission over allegations of resale price maintenance. The dispute centred on Mobil's sale of petroleum products to a dealer and the imposition of penalties under the Trade Practices Act 1974. The Federal Court was tasked with determining the appropriate penalties and whether an injunction was necessary.

The court had to decide whether Mobil's actions constituted two separate contraventions of the Act, and if so, whether it was appropriate to impose separate penalties for each contravention. The central issue was whether the same officer of the company, involved in both contraventions relating to the same dealer, warranted separate penalties. Additionally, the court considered the relevance of the officer's role in both instances.

The court found that Mobil had indeed contravened the Act on two occasions, and that the same officer was involved in both instances. However, as the contraventions related to the same dealer, the court deemed it inappropriate to impose separate penalties for each contravention. Instead, the court imposed a combined penalty of $50,000. Mobil was also ordered to pay the Commonwealth's costs of the application.

The court's orders included a pecuniary penalty of $30,000 for the matters alleged in paragraph 8 of the statement of claim, and an additional penalty of $20,000 for the matters alleged in paragraphs 13, 14, and 15. Mobil was further ordered to pay the Commonwealth's costs of the application. Judgment was entered for the applicant, the Commonwealth of Australia, against Mobil for the sum of $50,000.