Australian Competition and Consumer Commission v Smash Enterprises Pty Ltd [2011] FCA 375 (14 April 2011)

http://www.austlii.edu.au/au/cases/cth/FCA/2011/375.html

TRADE PRACTICES – contravention of s 65C of the Trade Practices Act 1974 (Cth) – pecuniary penalties

12 As a general principle, a Court does not make declarations on matters relating to public rights by consent or on admissions, unless it is satisfied by evidence: Australian Competition and Consumer Commission v Allergy Pathway Pty Ltd [2009] FCA 960 at [18] – [19]; Australian Competition and Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710 at [13]; Australian Securities & Investment Commission v Rich (No 2) [2004] NSWSC 836; (2004) 50 ACSR 500 at [10]; Williams v Powell [1894] WN (Eng) 141; Gramophone Co Ltd v Magazine Holder Co (1911) 28 RPC 221 at 225-227; Termijtelen v Van Arkel [1974] 1 NSWLR 525; Wallersteiner v Moir [1974] 3 All ER 217; Metzger v Department of Health and Social Security [1977] 3 All ER 444 at 451; BMI Ltd v Federated Clerks Union of Australia (NSW) Branch (1983) 51 ALR 401; Young P W, Declaratory Orders (2nd ed, 1984) [601]. In the present case, that is not an issue. Fantastic Furniture has signed the Agreed Statement: see [3] and [4] above. That statement, to which s 191 of the Evidence Act 1995 (Cth) applies, is evidence.