Federal Court of Australia
CATCHWORODS
TRADE PRACTICES ACT 1974 (Cth) - Prosecution and Conviction -
Non-payment of fines - Imprisonment in default of payment -
Ability to pay fines - Discretion to order imprisonment.
TRADE PRACTICES ACT 1974 s.79
CRIMES ACT 1914 ss.5, 18A
JUSTICES ACT 1921 South Australia ss.81,83
LESLEY PATRICIA REARDON v JAMES PATRICK NOLAN
Prosecutrix Defendant
No. G5 of 1982 No. G6 of 1982 No. G7 of 1982
Fisher J. Adelaide
14 Octoher 1983.
IN THE FEDERAL COURT OF AUSTRALIA ) No. G5 of 1982 ) No. G6 of 1982 SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G7 of 1982
) GENERAL DIVISION
BETWEEN
LESLEY PATRICIA REARDON
Prosecutrix - and - JAMES PATRICK NOLAN
Defendant
ORDERS
JUDGE MAKING ORDERS : Fisher J. WHEPE MADE : Adelaide DATE
14 October, 1983.
THE COURT ORDERS THAT:
1. The application of the prosecutrix that the defendant James Patrick Nolan be imprisoned for a period of 6 months be dismissed.
2. The matter be stood over generally with liberty to either party to bring it on for further hearing on seven days
notice to the other party.
\ +
IN THE FEDERAL COURT OF AUSTRALIA)
) No.G5 of 1982 SOUTH AUSTRALIA LISIRICT REGISTRY) No.G6 of 1982
) No.G7 of 1982 GENERAL DIVISION )
BETWEEN: LESLEY PATRICTA REARDON
Frosecutris
- and -
JAMES FATRICK NOLAN Nefendant
14 Oetober, 1983 REASONS FOR JUIGMENT
Fisher J. In this matter the defendant James Fatrack Nolan has heen convicted of three very serious otfences being contraventions of 5.59(2) of the Trade Practices Act 1974. Gn 10 February 1983 1 imposed a fine of $5,000 on him pursuant to the provisions of 5.79(1)(a) of that Act an respect of one contravention, and $500 for esch of the two other contravenbions. Ioodarected that the fines were to be psid to the Daistract Registrar of this Court within 21 days of thst date. Ik is pertinent that the defendant was not represented on that day nor on an earlier occasion when submissions were made on the watters of vensities and costs. He dad not file an affidavit pursuant to
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