The Australian Competition and Consumer Commission has instituted proceedings against Anglo Estates Pty Ltd and its directors in the Federal Court alleging that they attempted to broker a price fixing and other arrangement with the Shire of Esperance over the sale of the shire's land.
It is also alleged that Anglo attempted to induce the shire to contravene the Trade Practices Act 1974.
It is alleged that between September 2002 and February 2003 the property developer, Anglo Estates wrote to the shire on a number of occasions and had a series of meetings with the shire, in which Anglo Estates sought an arrangement from the shire:
- that the shire would not sell vacant residential lots of land in its Flinders Estate development for less then $80,000 per lot at the time the lots first became available, with annual CPI adjustments for subsequent years; or alternatively
- that the shire would not develop and sell to the public until the end of 2010 some of its vacant residential lots in its Flinders Estate development.
The ACCC has not alleged that the shire has contravened the Trade Practices Act in any way.
The ACCC is seeking declarations, injunctions, pecuniary penalties, trade practice compliance programs and costs.
A directions hearing has been listed for 22 April 2004 at Perth.