Thompson, John Cranston v Noall, James Ogilvie also known as Basil Winston trading as Slim Now Laboratories [1980] FCA 207

seecnecosoec ¢

CATCHWORDS JUDGMENT No. 204, GO

Practice and Procedure - Offence against Part V of the Trade Practices Act 1974 - Service of originating process outside the jurisdiction unde

Rules of the Federal Court - Whether applicable to criminal proceedings

O

Rules of the Federal Court:Order 8, Rules 1, 2. and'4.

JOHN CRANSTON THOMPSON v. JAMES OGILVIE NOALL also known as Basil Winst trading as "Slim Now Laboratories".

N.S.W No. G54-57 of 1979

Coram: Deane J.

Sydney Friday 18 April, 1980.

IN THE FEDERAL COURT OF AUSTRALIA

) ) GENERAL DIVISION ) No. G54-57 of 1979 ) )

NEW SOUTH WALES DISTRICT REGISTRY ©

BETWEEN: JOHN CRANSTON THOMPSON a

"y

Prosecutor

AND: JAMES OGILVIE NOALL

also known as Basil Winstor trading as "Slim Now Laboratories"

Defendant

CORAM: Deane J.

Friday, 18 April, 1980.

REASONS FOR JUDGMENT

The fact that I proceed to give judgment in this matter forthwith should not be seen as indicating any lack of appreciat- ion of the skill and fairness with which counsel for the informant has presented his argument. Indeed, the thoroughness

of that argument enables me to deal with the matter without

taking time for consideration.

On 9 April, 1980, four summonses issued out of this Court against James Ogilvie Noall, also known as Basil Winston,

trading as "Slim Now Laboratories" ("the defendant"). Each

.

summons alleged that, on the particular date and in the particular place specified, the defendant committed an offence

against s.79 of the Trade Practices Act, 1974 ("the Act") in

that he did, "in contravention of s.53(c) of the Act, in

trade and commerce, in connection with the promotion by use of the postal services of the supply of goods described as "Slim Now represent that the said goods had benefits that they did not have". The summonses issued upon the Informations of John

Cranston :Thompson ("the informant") .