2003: In 2003 RM Hall entered into approximately 120 dealership agreements for the supply of Armani figurines. Among them was retail outlets operated by Westminster Lace Pty Ltd. Fourteen dealers were issued with catalogues which, together with the dealership agreements, contained statements of price such that the dealers would be likely to have understood that they could not sell or advertise the figurines below that price.
17 August 2004: Proceedings were instituted in the Federal Court, Adelaide, against RM Hall and its directors Peter Hall and John Hall. Proceedings were also instituted against Westminster Retail and its directors Kenneth Wade and Heather Wade.
The ACCC alleges that RM Hall and its directors, importers of Florence Sculture d’Arte ‘Armani’ figurines, engaged in resale price maintenance conduct in respect of the supply of Armani figurines to their wholesale customers.
The ACCC alleges that Westminster Retail and its directors engaged in resale price maintenance conduct in respect of the supply of decorative goods to Westminster franchisees for the purposes of resale.
A directions hearing is set for 16 September 2004.
16 September 2004: RM Hall has been listed for trial on 4 April 2005 in the Federal Court, Adelaide. Westminster Retail has been listed for trial on 11 April 2005 in the Federal Court Adelaide.
7 April 2005: Justice Mansfield of the Federal Court, Adelaide, imposed penalties totalling $95 000 on RM Hall Pty Ltd and its directors, Mr Peter Hall and Mr John Hall, for engaging in resale price maintenance regarding Florence Sculture D'Arte Armani figurines supplied by the company to several dealers throughout Australia.
With the consent of the parties, Justice Mansfield declared that RM Hall’s conduct breached the resale price maintenance provisions of the Trade Practices Act and imposed the following penalties against the company and its directors:
RM Hall—$65 000
Mr Peter Hall—$10 000
Mr John Hall—$20 000
granted injunctions that prevent RM Hall, Mr Peter Hall and Mr John Hall from inducing, or attempting to induce, any person not to advertise or sell decorative goods supplied by RM Hall below a specified price
ordered that the parties undertake to establish and/or attend trade practices compliance training.
RM Hall’s directors, Mr Peter Hall and Mr John Hall, had cooperated with the ACCC in its investigation and settlement of the matter.
