Reardon, Michael Joseph v. Morley Ford Pty Ltd [1980] FCA 185

CATCHWORDS

Trade Practices ~ Bait Advertising ~- advertisement of 3.3 Falcon at special price which the defendant aid not intend to supply 1n reasonable quantities

at that price in accordance with s.56(1) of the Trade

Practices Act 1974 - failure by the corporation to offer the advertised 3.3 Falcons for sale at that price

in accordance with s.56(2) of the Trade Practices Act

1974 - elements necessary to constitute offences - establishment of mens rea by circumstantial evidence ~

Section 56(1)(2) of the Trade Practices Act 1974.

MICHAEL JOSEPH REARDON v. MORLEY FORD PTY. LIMITED

(V.G. Nos. 21, 22, 23, 24, 25, 26, 27, 28, 29 and

30 of 1980)

SMITHERS J. 2 December 1980

Melbourne

ene

{IN THE FEDERAL COURr OF AUSTRALIA

VICTORIA DISTRICE REGISTRY

GENERAL DIVISION

VG Nos. 21, 22, 23, 24. 26, 27, 28, ?9 and 30 of 1980.

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In the matter of The Trade Practices Act 1974

Between: MICHAEL JOSEPH RFARDON Prosecutor And: MORLEY FORD PLY. LIMITED Defendant Judge Making Order: Smithers J. Date of Order: 2 December 1980 Where Made: Melbourne ORDER The Court Orders That: 1. In Matter VG No. 21 of 1980 the defendant is

convicted of committing a contravention of s.56(1)

of the Trade Practices Act l

2. In Matters VG Nos. 22, 24, 2

974.

5, 27, 28, 29 and 30 of

25,

r a

1980 the defendant is convicted of committing contraventions of s.56(1) of the Trade Practices Act 1974.

3. In Matters VG Nos. 23 and 26 of 1980 the defendant is convicted of committing contraventions of s.56(2) of the Trade Practices Act 1974.

4. The defendant shall pay the costs of and incidental to the proceedings.

5. The matter is adjourned to hear submissions

concerning the fines to be imposed pursuant to

s.79(1) of the Trade Practices Act 1974.

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VICTORIA DISTRIC? RECIST RY