Federal Court of Australia
6 2 S CATCHWORDS
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ub,
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Trade Practices Act - misleading statements - whether Lo ~
particulars of offence may be amended after offence statute
barred «»whether new charge created - discretion to refuse
amendment.
Trade Practices Act ss. 53, 79
Crimes Act ss. 5, 21, Z1A
Federal Court Rules 0.49
ALAN RAYMOND DUCRET v. SHAHID TOBAL CHAUDHARY and CHAUDHARY'S
ORTENTAL CARPET PALACE PTY LTD
Numbers VG 86, 131, 132, 133, 136 of 1984 and
Numbers VG 94, 98, 123, 125, 129, 130 of 1984
Keely J.
9 December 1985
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) ) )
GENERAL DIVISION BETWEEN: ALAN RAYMOND DUCRET Prosecutor AND: SHAHID IQBAL CHAUDHARY Defendant (Numbers VG 86, 131, 132, 133 and 136 of 1984) BETWEEN: ALAN RAYMOND DUCRET Prosecutor AND:
CHAUDHARY'S ORIENTAL CARPET PALACE PTY LTD
Defendant
(Numbers VG 94, 98, 123, : 125, 129 and 130 of 1984)
9 DECEMBER, 1985 KEELY J. REASONS FOR JUDGMENT
The prosecutor has filed a notice of motion seeking an order substituting certain particulars for the particulars contained in the summons in each of these eleven matters. Leaving to one side for the moment matter number VG 94 of
1984, the motions relate to five charges against Mr Chaudhary
and five charges against Chaudhary's Oriental Carpet Palace
2.
Pty Ltd (the corporation). Counsel for the parties did not deal separately with each of the eleven motions but referred mainly to the documents filed in matter number VG 86 of 1984 and it is convenient to follow that course in these reasons
for judgment.
The information in that matter charges that Mr
Chaudhary: -—
"on or about 30 April 1983 at Melbourne ... contrary to section 5 of the Crimes Act 1914 was knowingly concerned in the commission of an offence against section 79(1) of the Trade Practices Act 1974, by Chaudhary's Oriental Carpet Palace Pty. Ltd. ("the Corporation") a corporation within the meaning of the said Act in that in contravention of
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