Miller, Frederick John v Sullivan Sprinklers Pty Ltd & Anor [1984] FCA 130

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIA DISTRICT REGISTRY ) No. SAG 38 of 1983 ) )

BETWEEN ¢&

Prosecutor

ANI ¢

SULLIVAN, ___._ SPRINKLERS

E PrY. LIMITEn and NN

ROBERT, ERIAN SULLIVA Defendant

18 April, 1984 KEELY J.

Sullivan Sprinklers Pty. Limited (the company)? has

been charged with five offences against s. 59(2) of the Trade

director of the company at the material times, has been charged under s. 3 of the Crimes Act 1914 with boing "bhnowingly concerned in the commission of" each of the five

affences. The ten charges were heard together without

objection.

Mr. Perry, &@C., appeared with Mr. Tor. Kavanagh

for the prosecutor. At the conoencement of the hearing Wr.

Kandelaars appesred on behalf of the Liquidator of the company to seek an opportunity to address on the question of penalty in the event of the company being convicted but has taken no active part in the hearing. He had no instructions as to a ples by tne company ant szccordingly 3 plea of not guilty was entered as to exch of the five charges. Mr. M. Uright appeared for Wr. Sullivan only for the purpose of seeling leave to withdraw, having appeared for him when the eharges were previously before the Court. Mr. Sullivan appeared in person, pleaded not quilty to the five charges

and conducted his cum defence.

Section 59¢2) of the Act provides as follows :-

"Where 3 corporation, im trade or conmerce, invites, whether by advertisement or otherwise, persons to engage or participate, or to offer or apply to engage or participate, in 3 business activity requiring the investment of moneys by the persons concerned and the performance by them of work associated with the ianvestment, the corporation shall not make, with respect to the profitability or risk or any other material aspect of the business activity, a statement thst is false or misleading in a materisl particular."