Federal Court of Australia
CATCHWORDS
Trade Practices - false or misleading statements ~ false representations - whether representations made deliberately
or recklessly.
Procedure - appeal against severity of penalty - principles
to be applied - facts in mitigation to be proved or agreed - erroneous view that statement by counsel of facts in mitigation was not an agreed statement.
Trade Practices Act 1974 s.53
Federal Court of Australia Act 1976 s.24(1)
Robert George Quinn v. Brian Alexander Given
N.S.W. No. G95 of 1978
Coram: Smithers, Northrop and Fisher JJ.
Melbourne
17 March 1980
IN THE FEDERAL COURT _OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G95 of 1978 GENERAL DIVISION
ON_APPEAL FROM A SINGLE JUDGE OF THI FEDERAL COURT OF AUSTRALIA
IN THE MATTER OF THE TRADE PRACTICES ACT 1974
BETWEEN:
ROBERT GEORGE QUINN
Appellant
- and - BRIAN ALEXANDER GIVEN
Respondent
ORDER
JUDGES MAKING ORDER: Smithers, Northrop and Fisher JJ. DATE OF ORDER: 17 March 1980 WHERE MADE: Melbourne
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. Those orders entered on 29 May 1979 in actions No. G12, G.16, G17, G19, G20, G22 and G23 of 1978 be varied in each case by the substitution of the following fines
to be paid to the Commonwealth:
In respect to G12 of 1978 - $1,000.00 In respect to G16 of 1978 - $3,000.00 In respect to G17 of 1978 - $1,000.00 In respect to G19 of 1978 - # 500.00 In respect to G20 of 1978 - 100.00 In respect to G22 of 1978 - $$ 500.00 In respect to G23 of 1978 - 100.00
The respondent pay the appellant's costs of the appeal, limited to the costs of and incidental
to the day of hearing.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G95 of 1978
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GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
IN _ THE MATTER OF THE TRADE PRACTICES
ACT _1974
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