Temperley, Raymond John v. Playground Supplies Pty Ltd [1980] FCA 81

CATCHWORDS, Penalty. Relevant consideration in fixing

amount of penalty. More than one summons based on

the same incident.

Trade Practices Act 1974, ss. 79, 53(a), 55.

RAYMOND THOMAS TEMPERLEY v. PLAYGROUND SUPPLIES PTY. LIMITED.

Nos. G.7-12 of 1980. 9 June 1980.

Coram: FRANKI J. Sydney.

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) Nos. G7-12 of 1980

) GENERAL DIVISION )

IN THE MATTER OF The Trade Practices Act 1974

BETWEEN: RAYMOND THOMAS TEMPERLEY Prosecutor

AND

PLAYGROUND SUPPLIES PTY. LIMITED

Defendant

Coram: FRANKI J

9 JUNE 1980

REASONS FOR JUDGMENT Mr Temperley, the prosecutor, with the consent of the Minister, laid six informations against Playground Supplies Pty Limited, the defendant. The defendant is a company of which the only two directors and shareholders are James Forrest and Richard Forrest. James Forrest is the Managing Director and both the directors are involved in the day to day

operations of the defendant.

The charges allege offences under s.79 of the Trade Practices Act 1974 ("the Act"). Each charge is laid in

respect of an advertisement published in a journal, "The Open

Road ", a publication of the National Roads and Motorists' Association of New South Wales and having a circulation at the

relevant time of over 1 million copies.

Three of the charges allege a contravention of s.53(a) of the Act and the other three allege a contravention of s.55 of the Act. Under s.53(a) a false representation that the goods were of a particular standard, guality or grade was alleged and under s.55 conduct liable to mislead the public as to the nature and characteristics of the goods was relied upon. The advertisements were published on 14 February 1979, 10 April 1979 and 5 June 1979. Each advertisement was in the same form and two informations have been laid in respect of each advertisement, one under s.53(a), and the other under