Federal Court of Australia
Ti THE FEDERAT, COURT OP AUSTRALIA
BRISBAND...... seseeses DISTRICT REGISTRY
B Xo. -228.. of 1976
GENERAL ,..-..+.1.-- DIVISLON
JUDGE(S) MAKING ORDER :
DATE OF ORDER :
WHERE MAD :
THE COURT ORDERS THAT:
In the matter of: TRADE PRACTICES ACT 1974
BETUERY : TERENCE. JAMES, GUTHRIE....... se eeececeeeres .. Anformant..... ANY : UNIMERSAL .TELECASTERS....... QUEENSLAND ,.LIMITED, ..........
ST. JOHN J. 12 October 1977
Brisbane
1. The defendant company is convicted.
2. The defendant company is to pay a penalty of $2,000 (two thousand
dollars).
3. The defendant company is to pay the informant's costs.
Date Entered:
DISTRICT AEGISTRAR.
wropnee
—_—
IN THE FEDERAL COURT )
GENERAL DIVISION
WEDNESDAY,
) B. No. 228 of 1976 . OF AUSTRALIA )
In the matter of -
THE TRADE PRACTICES ACT 1974
BETWEEN:
REASONS FOR JUDGMENT
12 OCTOBER, 1977.
TERENCE JAMES GUTHRIE
Informant
- and -
UNIVERSAL TELECASTERS QUEENSLAND LIMITED
Defendant
ST.JOHN J.
BRISBANE
The defendant company is charged that it did in contravention of Section 53(e) of the Trade Practices Act 1974, in trade or commerce, in connection with the promotion by advertising of the supply of goods, to wit Falcon motor cars, make misleading statements concerning the existence of price reductions, the said misleading statements being made
in and by an advertisement published and screened by the Television Station TVQ Channel 0 at Brisbane in the said State, the said statements being misleading in that the
said statements contained the words and sentences,
"Dr. Jim's lovely tax cuts are guaranteed till only April 30, so if you haven't been out to Metro Ford by then
you could be a deadset April Fool. Metro Ford offer immediate delivery of automatic Falcon 500 sedans that
save you $335.00. If you don't take delivery by April 30
you're up for an extra 335 bucks in tax.".
It was alleged, by way of particulars, that the statements were misleading in that the words meant that the existence of a reduction in price in such vehicles would not continue after 30 April, 1975 so that a purchaser after that date would have to pay an additional $335 in sales tax on
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