Federal Court of Australia
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CATCHWORDS
Trade Practices - false representations - plea of guilty - imposition of fine - inexperienced employee - meaning of "new" in printed order form - relevance of other contemporaneous representations. Trade Practices Act
s.53(b).
CRAIG JACKSON HENDERSON v BOWDEN FORD PTY. LTD.
S.A. No. G5 of 1979,
Fisher J.
Adelaide
5 October 1979.
IN THE FEDERAL COURT _OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. G5 of 1979 ) )
GENERAL DIVISION
IN THE MATTER OF THE TRADE PRACTICES
ACT 1974 SECTION 53(b)
BETWEEN:
CRAIG JACKSON HENDERSON Informant
- and -
BOWDEN FORD PTY. LIMITED
Defendant
ORDER JUDGE MAKING ORDER: Fisher J. DATE OF ORDER: 5 October 1979. WHERE MADE: Adelaide
THE COURT ORDERS THAT:
1. The defendant is guilty of a contravention of s.53(b) Trade Practices Act 1974, 1s convicted, and 1s fined $1,000.00. 2. The fine be paid to the District Registrar of this court within 21 days of the above date. 3. The defendant pay the informant's costs with respect to
this information.
'9
IN THE FEDERAL COURT OF AUSTRALTA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. G5 of 1979
GENERAL DIVISION
IN THE MATTDR OF THE TRADE PRACTICES
AcT 1974 SECTION 53(b)
BETWEEN:
CRAIG JACKSON HENDERSON Informant
- and -
BOWDEN FORD PTY. LIMITED
Defendant
CORAM: Fisher J. 5 October 1979
REASONS FOR JUDGMENT ON PENALTY
The defendant Bowden Ford Pty. Limited ("the defendant") is a company incorporated in South Australia. It was charged
with two contraventions of the Trade Practices Act 1974 ("the Act")
arising out of the same circumstances. It has by 1ts counsel pleaded guilty to the charge that it "did, 1n contravention of
s.53(b) of the Trade Practices Act 1974, in trade or commerce, in
connection with the supply of goods, namely a Ford Escort Ghia motor vehicle, falsely represent that the said motor vehicle was new". A further charge to the effect that the defendant "did, in contravention of s.53{a) of the Trade Practices Act 1974, in trade or commerce, 1n connection with the supply of goods, namely a
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