Larmer, Lawrence O'Hara v Power Machinery Pty Ltd [1977] FCA 21

OF AUSTRALIA

AN ed: © Ke LhAt IN THE FEDERAL COURT) 4 "A wl

VICTORIA DISTRICT REGISTRY

Nos. VG. 15. 18, 21 of 1977

Ne eed

GENERAL DIVISION

BETWEEN: LAWRENCE O'HARA LARMER

Informant AND: POWER MACHINERY PROPRIETARY LIMITED Defendant ORDER JUDGE MAKING ORDER: Nimmo J. DATE OF ORDER: 13th May 1977 WHERE MADE: Melbourne THE COURT ORDERS THAT: 1. The Defendant pay a penalty of One thousand

dollars ($1,000) in respect of the first of the contraventions of section 53(c) of the Trade Practices Act 1974 and a penalty of Two thousand dollars ($2,000) in respect of each of

the second and third contraventions of the said provision.

2. The Defendant pay the Informant's costs as

agreed or in default of agreement as taxed.

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3. There be a stay of 28 days to 10 June 1977

for payment of the penalties.

4. The time for appeal to the High Court of Australia or to a Full Bench of the Federal Court of Australia be

enlarged to 10 June 1977.

5. Until the time for appeai expires, namely 10 June 1977, the exhibits in the three cases be retained

by this Court.

FEDERAL COURT OF )

VG No. 15 of 1977 AUSTRALIA VG No. 18 of 1977

General Division VG No. 21 of 1977

In the matter of the TRADE PRACTICES ACT 1974

Between LAWRENCE O'HARA LARMER

Informant

and POWER MACHINERY PROPRIETARY LIMITED Defendant

REASONS FOR JUDGMENT : NIMMO, J. 73 May 1977

The Defendant, Power Machinery Proprietary Limited (the Company) is a corporation registered under the provisions

of the Victorian Companies Act 1961.

On 4 and 5 May 1977 I found the Company guilty of three contraventions of Section 53({c) of the Trade Practices Act 1974. I stated at the time I made my findings that I would publish my reasons and fix penalties later. This I now

proceed te do.

Each of the contraventions aileged that the Company did

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