Federal Court of Australia
Lin
Neh!
wee wom eee wet ~_ wae -- - wwe See wo IN THE FRDERAL COUR. Cr AUSTRaALS4
GLURRAL DIVISTON B. Ro. 305 of 1975
Between BRIAN ALEXAND'X GIVEN Informant and C,V.HOLES iD CROLDIPGUPTY LTTE Defendant LEASONS FOR JUDGLENT FRANKI J.
DELIVERED: 23 June 1977.
The defendant C.V. Holland (Holdings) Fty. Limited, is charged with an offence under s.79 of the Trade Fractices Act 1974-1976 ("the Act") particularised in tne summons follows "...in that you did, in contravention of section 53( of the said éct, in trade or conmrerce in connectzon with the
supply of goods, falsely represent thet the said goous vere
as
a
ie)
)
£
a particular quality in that you ou that day falsely represented
to Trevor Gregory Thomas that a Holden Kingswood Seca
q
ta]
registcred number ECM-689 supplied by you nee travelled 23,7 miles when in fact the said sedan had travelled subsiviantiall
in excess of that mileage." On 1 December i975 tne chsa Attorney-General consented to tne institution of these proce
The defendant, a company selling used cars at Rockdale
pleaded not guilty. A Mr. Thomas gave evidence, which J zccept.
tA ra o oO G +o {2t vsro) +e] fe ¢. a m fe fay rv) ,
Ke saiea that he went to the cefeuant!
yard at Rockdale on Sunday 15 December 1974, te jaw Por en
autumatic Holden car, He saw a turple avlomatic AG Folden thoi3
and he exarined it. He said that te observed tnat tx a05 70
roy showed a mileexe of 23,700, vhien he cutor:bed as "e reacone. 1" low mileage." The odometer is that nem of © es eederever whien
shoves the tota: number of miles trevertod, se eee
ete ctw ee ema ee ee ee
2.
ir. Thomas said thet he had not previously purchased a car from the defendant but he had purchased the one he then owned from a man who had become an employee of the defendant.
He said that he spoke to tnat employee on the telephone and arranged to meet him at the car yard. Mr. Thomas said that he went to the car yard on 18 December 1974. After a conversation about tne possibility of an N.R.M.A. anspection, the employee said: "I don't think it is necessary. For $25.00 they don't ago much anyway and the car seems okay." Mr. Thomas said that he took the Holden for a test drive, and then arranged with the defendant to trade in tne car he then owned, and a hire purchase transaction was arranged for the difference in price. Tne defendant was described in the hire purchase agreement as a "Dealer".
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