Federal Court of Australia
Pel
- JUDGMENT No. suecctonmoa srt Sve
PARAL COULT OF _AUCUPALIA ) ) NEW SOUTH .WALES...... pIsieseT amcrerny —) Wo. G 5B&S6 or i977 ) GENERAL ............ DIVISION ) pervert : ....MALCOLT JOHN FINGER ||, bocce eeeeeeees Informant 11... AND : ....MAUUA, MOTORS PTY LTD, cee eeeeeneees Defendant... ORDERJUDGE(S) MAK GS OabLR : ST. JOHN J. ; DATE OF ORDER : 6 March, 1978 ° WHERR MALE : Sydney
THE COURT ORDEPS THAT: 1. The deferdant company is convicted.
2. The defendant company is to pay a penalty of $8,000 (e2ght thousand dollars) an relation to each offence (G.Nos.53&56 of 1977
The defendant company is to pay the informant's costs.
Date Entered:
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IN THE FEDERAL COURT OF AUSTRALIA
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NEW SOUTH WALES DISTRICT REGISTRY Nos. G55 and G56 of 1977
GENERAL DIVISION
TRADE PRACTICES ACT 1974 SECTIONS 79 and 53.
MALCOLM JOHN FINGER : (Informant)
and
MALUA MOTORS PTY. LINTTED
(Defendant)
REASONS FOR _JUDGIENT: ST. JOHN J. DELIVERED: 6 March 1978.
The defendant comany, Malua Motors Pty. Limited, has pleaded guilty to two charges under section 53(a) of the e Trade Practices Act 1974. Both these charges relate to a misleading statement made in respect of an odometer reading on a
Mazda motor vehicle.
The first charge reletes to simply displaying the odometer with an incorrect reading; and the second charge relates to a representation in writing made by the manager of the
defendant company to an officer of the Trade Practices Commission.
On 3 August 1976 the officer visited the showroom premises of John Palmer Motors situated at 84-86 Parramatta Road, Summer Hill. He there inspected a Mazda motor car on display for sale bearing a New South Wales registration
plate HUO 635 and having a certain engine number.
v
2.
. He looked at the odometer reading of. the motor vehicle and noticed it was 32,000 kilometres approximately. He then had a conversation with the manager of the business, a Mr. Mervyn J. Paull, who assured him that it was a guaranteed 32,000 kilometres. The manager subsequently produced a business card on which he wrote, "Mazda 808 Deluxe, 32,000 kilometres, $3490." He gave this card to the informant
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