Given, Brian Alexander v C.V. Holland (Holdings) Pty Ltd [1977] FCA 41

AL.

— + IN TUR FFDTRAL COURT CF fUSTEALIA

B. No. 305 of 1975 GFWERAL DIVISION

Between BRIA sLUOYATDER GIVuN Informant and

C.V. EOLLASD (2OTUTRGS) FRY. LT TLD

Defendant

TRAUKT J,

REAGONS FOR JUDGIENT ON FINE AND CCSES

DELIVFRED: 21 July 1977.

rder under ©.07 of t

ae

I am net askec to make any C

Trade Fractices Act, 197%- 1976 in this matter and i+ remains only to fix a fine and deal with the avection of costs. The

defendant called three witnesses in relation te véeneltyv, Mr, Quigley its Managing Director, Mr, uriffiths its Usec Car Manager and Mr. Csman, a Consulvinre "ngineer.

"When finding the offence proved I said thet T was not prepared to weke a finding that the odomerer was wound back by the defendant. Mr. Thomas said in the evidence which he geve previously, that Mr. Quigley heé told him thet the spee.icmeter had been taken out and another one put back in its place The evidence of Mr. Quigley and rir. Griffiths given since the defendant was convicted, and directec to the cuestion of + enaity,

sought to establish this. hr. GQuipgievy vas nov an a porreron Lo

give any direct evidence on this questicn but he svore thay rir.

Griffiths had toic him tlac the sneedometer had teen change? because "the needle was flickerins",. Mr. Griffiths said that ne

had no positive vecollection of th? vebicic, ia, an evidence, he

reconstruct¢d wha. he consine:cd heopered by reliving on hic 1 scat

practice in testing used cars. fe caid trat 12 a sneedometer

See

wee

ee oe

was not functioning correctly the Company's practice, unless

the fault was of a very minor nature, was to replace it with

a speedometer taken from a stock of second~hand sneedometers which the Conoany kept as this practice was quicker than sending the speedometer to a repairer. Mr. Griffiths also swore that at no time had he ever turned back a speedoneter on a car Which was in the Company's ncssession,nor had heever instructed anybody to do so. On making enquiries he nad been told that no emplovee of the Company had turned back any speedorecers. Mr, Gritiiths