Federal Court of Australia
CATCHWORDS
Trade Practices ~ Prosecution - fines imposed on Company and a director - deliberate misrepresentations ~- seriousness of conduct - need for deterrent - apportionment of costs - imprisonment of
director in default of payment of fines,
Federal Court Rules 0.49 r.5 TRADE PRACTICES ACT'.1974 s.59(2), 79(1) CRIMES ACT 1914 s.18A
JUSTICES ACT (S.A.) 1921 s.81
LESLEY PATRICIA REARDON v AQUAJET HOLDINGS (S.A,) PTY. LIMETEL AND LESLEY PATRICIA REARDON Vv JAMES PATRICK NOLAN
Fisher J. Adelaide
10 February 1983.
IN THE FEDERAL CQURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) S.A. No, G54 of 1982 ) G55 " " GENFRAL DIVISION ) a56 * " G57 " " G58 " " G5s " u" G60 t u
G5 of 1982
G 6 " "
G7 " n BETWEEN:
LESLEY PATRICIA REARDON
Prosecutrix
- and ~
AQUAJET HOLDINGS (S.A.) PTY. LIMITED, Defendant
AND
LESLEY PATRICIA REARDON
Prosecutrix - and - JAMES PATRICK NOLAN Defendant ORDERS "JUDGE MAKING ORDERS : Fisher J. WHERE MADE 3 Acelaide
DATE OF ORDERS 10 February 1983
THE COURT ORDERS THAT: 1. The defendant Aquajet Holdings (S.A.) Pty. Limited 1s convicted
of committing the contraventions of s.59(2) of the Trade Practices
Act 1974 more particularly referred to in the seyen charges G54
to G60 in each instance of 1981 inclusive.
APE boas 4 Pee Bee Secreee pee tee
ed
OS wr AR S87 Sees ir me
The defendant Aquajet Holdings (S.A.) Pty. Limited is ordered
to pay a fine of $20,000 in respect of each of the contraventions referred to respectively in charges G54 and G56 and a fine of $1,000 in respect of each of the other five charges.
The defendant James Patrick Nolan is convicted of committing each of the contraventions of s.59(2) of the Trade Practices Act 1974 more particularly referred to in the three charges G5 to G7 of 1982 inclusive.
The defendant James Patrick Nolan is ordered to pay a fine of $5,000 in respect of the contravention referred to in charge G5 of 1982 and a fine of $500 in respect of each of the charges
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