Gilmour, Douglas Anthony v. Midways Springwood Pty Ltd [1980] FCA 198

CATCHWORDS

Trade practices - Prosecutions - Minister's consent required - Discrepancy between Minister's consent and informations laid - Power of court to amend informations - New charge - Limitation period.

Trade Practices Act 1974 (Cth.) ss.53, 163(4) (b);

Crimes Act 1914 (Cth.) ss.21(1)(c), 214.

Douglas Anthony Gilmour v. Midways Springwood Pty Limited

QLD Nos.18 and 19 of 1980

Coram : Brennan J.

19 November 1980.

Brisbane.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QLD Nos.18 and 19 of 1980

GENERAL DIVISION

Ne a

BETWEEN : DOUGLAS ANTHONY GILMOUR

Prosecutor AND : MIDWAYS SPRINGWOOD PTY LIMITED Defendant ORDER JUDGE MAKING ORDER : BRENNAN J. DATE OF ORDER : 19 November 1980. WHERE MADE : Brisbane. THE COURT ORDERS THAT 1. Both informations be dismissed. 2. The prosecutor pay to the defendant its taxed costs of

the proceedings.

IN THE FEDERAL COURT OF AUSTRALIA ) )

QUEENSLAND DISTRICT REGISTRY ) QLD Nos.18 and 19 of 1980 )

GENERAL DIVISION )

BETWEEN : DOUGLAS ANTHONY GILMOUR

Prosecutor

AND : MIDWAYS SPRINGWOOD PTY LIMITED

Defendant

Coram : Brennan J.

19 November 1980

REASONS FOR JUDGMENT

Two informations have been laid against the respondent, Midways Springwood Pty Limited, charging it with

offences under s.53(a) of the Trade Practices Act 1974. In the

information in matter G18 of 1980 it is alleged that the respondent did in contravention of that section in trade or commerce in connection with the promotion by any means of the supply of goods falsely represent that the said goods had had a particular history in that the said !lidways Springwood Pty Limited did on or about the day specified in the information, represent to James McPherson

Leighton that a Holden Sunbird sedan registered number 867 NGU

supplied by the said company had travelled approximately 2,500 kilometres which said representation was false in that the said