Federal Court of Australia
CATCRWORODS
TRADE PRACTICES - publication of advertisement seeking person for employment - false or misleading in a material particular ~ plea of guilty - pecuniary penalty - relevant considerations in imposition of pecuniary penalty - injunction - whether imprisonment should be
imposed in default of payment of penalty
Trade Practices Act 1974 s.53B
PETER JAMES DAWSON v. AUSTRALIAN CONSOLIDATED RESERVES PTY. LTD.
PETER JAMES DAWSON v. BRETT JAMES CLUGSTON
THE TRADE PRACTICES COMMISSION v. AUSTRALIAN CONSOLIDATED RESERVES PTY. LTD., BRETT JAMES CLUGSTON, ANTHONY JOHN COOK
Nos. WAG 21 of 1982 WAG 22 of 1982 WAG 10 of 1983
Toohey J. Perth
13 July 1983
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
Nos. WAG 21 of 1982 WAG 22 of 1982 WAG 10 of 1983
BETWEEN:
(No. WAG 21 of 1982)
PETER JAMES DAWSON
Prosecutor and
AUSTRALIAN CONSOLIDATED RESERVES PTY. LTD.
Defendant
(No. WAG 22 of 1982)
PETER JAMES DAWSON
Prosecutor and
BRETT JAMES CLUGSTON
Defendant
(No. WAG 10 of 1983) THE TRADE PRACTICES COMMISSION Applicant and
AUSTRALIAN CONSOLIDATED RESERVES PTY. LTD.
First Respondent
BRETT JAMES CLUGSTON
Second Respondent ANTHONY JOHN COOK
Third Respondent
Oo R D_ E R
JUDGE MAKING ORDER Toohey J.
DATE OF ORDER 13 July 1983
WHERE MADE 3 Perth THE COURT ORDERS THAT : 1. The defendant Australian Consolidated Reserves
Pty. Ltd. 1s convicted of committing the contravention of s.53B of the Trade Practices Act 1974 more particularly referred to in charge WAG 21 of 1982.
2. The defendant Australian Consolidated Reserves Pty. Ltd. is ordered to pay a fine of $2000 in respect of the contravention referred to in that charge.
3. The defendant Brett James Clugston is convicted of committing the contravention of s.53B of the Trade Practices Act 1974 more particularly referred to in charge WAG 22 of 1982.
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