Federal Court of Australia
CATCHWORDS
Trade Practices - Prosecution - Fines - relevant considerations and mitigating circumstances - no fraudulent intent - charges
arising out of one and the same fault - costs.
FEDERAL COURT RULES 0.49 r.5
TRADE PRACTICES ACT 1974 s.55A
CRIMES ACT 1914 s.19B
Dawson v World Travel Pty. Ltd. (1981) 3 A.T.P.R. 42,361 considered.
ANTHONY PAUL DOHERTY Vv TRAVELAND PTY. LIMITED
AND
ANTHONY PAUL DOHERTY Vv ASSOCIATED TRAVEL PTY. LIMITED Fisher J.
Adelaide
10 February 1983.
IN THE FEDERAL COURT OF AUSTRALIA )} ) WESTERN AUSTRALIA DISTRICT REGISTRY) W.A. No. 37-39 of 1980
) GENERAL DIVISION ) W.A. No. 43-45 of 1980
BETWEEN:
ANTHONY PAUL DOHERTY
Prosecutor - and -
TRAVELAND POY. LIMITED
Defendant
AND ANTHONY PAUL DOHERTY
Prosecutor - and -
ASSOCIATED TRAVEL PTY. LIMITED.
Defendant
ORDERS
JUDGE MAKING ORDERS Fisher J,
Adelaide
WHERE MADF
DATE OF ORDERS 10 February 1983
THE COURT ORDERS THAT:
1. The informations relating to charges G37, G38 and G39 of 1980 against Traveland are all dismissed with no order as to costs.
2. The defendant Associated Travel is convicted of committing the
contraventions of s.55A of the Trade Practices Act 1°74 more
particularly referred to in charges G43, G44 and G45 of 1980. 3. The defendant Associated Travel is ordered tw pay a fine of $2,000
in respect of the contravention referred to in charge
G43 of 1980 and a fine of $100 in respect of each of the contravontions referred to in charges G44 and G45 of 1980.
4. The fines to be paid to the District Registrar of this Court in Perth within 21 days of this date.
5. The defendant Associated Travel to pay to the prosecutor three quarters of his costs in respect of informations and charges G43,
G44 and G45 of 1980, the same to be taxed if not agreed.
IN THE FEDERAL COURT OF AUSTRALIA )
) WESTERN AUSTRALIA DISTRICT REGISTRY) W.A. No.G37-39 of 1980
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