Wise, Alan Albert v. M.R.G. Automotive Services Pty Ltd [1981] FCA 141

IN THE FEDERAL COURT OF AUSTRALIA) )

} } }

QUEENSLAND DISTRICT REGISTRY QLD. NO. G.4 of 1981

GENERAL DIVISION

IN THE MATTER OF THE TRADE PRACTICES ACT 1974

BETWEEN: ALAN ALBERT WISE

Prosecutor

AND: M.R.G. AUTOMOTIVE SERVICES

Pry. LTD. Defendant. JUDGE MAKING ORDER: Franki J. DATE OF ORDER: Monday 17 August 1981 WHERE MADE: Brisbane ORDER THE COURT ORDERS THAT: i. The defendant be convicted of a contravention of s.53(e) of the Trade Practices Act 1974 2. The defendant pay a fine of five thousand dollars

($5,000.00) on or before 17 September 1981 to the District Registrar, Queensland. 3. The defendant pay the costs of the prosecutor.

I certify that this and the

preceding pages are a true copy of the Reasons for Judgment herein of his Honour : lir, Justice

FRANKY G An DAL,

Associate

ve

Dated: [1 WavET 148]

(e) ...

(b) ...

(co) ...

(ec)...

(e) make a false cr misleading statement with respect te the price cf ageods or services;" ~-

This charce was particularised in that the fvll price of a motor car, a Bolden Torana secan, was stated to he $1,590 whereas the full price of that vehicle wes $1,808. The Cifference hetween $1,808 and $1,590 was made up of three

arounts:

(a) S16 {b) $1190

if (c) S92

The false statement alleged appeared in a full page advertisement 1n a newspaper, the Gold Coast Rulletan of 24 April 1980, in which were displayed pictures of nine cars. "he car in ouestion was dGescribec near the top left haré€ corner of tke acvertisement as a "Torana LJ 2 Cocr" and as "Fitted with 2856 engine, marnuay trensmission, bucket seats, disc brekes, 12 ronths rego an@ radial tyres, finished jin two tone paint. Pull price $7,590". The price appeared in Jaree hlack figures about two thirds cf e@ centimetre in heiaht and a picture of the car was

shown also in the acvertisenent.

Tn the centre of the nace Cetails were set ovt of what