Federal Court of Australia
CATCHWORDS Practice and Procedure - Trade practices - Criminal prosecutions under Trade Practices Act - Bait advertising - Particulars of offences - Conversations between named persons ~ Whether substance
of conversation constitutes a particular.
Trade Practices Act. 1974 - ss. 5611), 56(2)
Marchesi v, Barnes £13701 V.R. 434 Sims v. Wean £13943 1 N.S.W.L.R. 317
RODNEY MICHAEL BROWN v. GREG COTTON MOTORS PTY. LTD.
No. VG316 of 1586 No. VG217 of 1986
Jenkinson J.
1? October, 1986 ee OTN, Melbourne PA Ome \ i= ¥ . sy 4 AN fi 1. ol f 2 GOCT 1536 _ Yen) FEDERAL GOURT OF x AUSTRALIA A nN PRINCIPAL, "N " REGISTRY oP,
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY > NO. VG316 of 1986 GENERAL DIVISTON ) NO. VG317 of 1385
BETWEEN: RODNEY MICHAEL BROWN
Prosecutor
AND: GREG COTTON MOTORS PTY. LTD.
Defendant
CORAM: Jenkanson J. PLACE: Melbourne DATE: 17 October, 1986
REASONS FOR JUDGMENT
Applications for particulars of offences charged.
The parties are the same in each prosecution. In the proceeding VG316 of 1986 an information charging a contravention
of s.56(1) of the Trade Practices Act 1374 is before the Court.
The other proceeding (VG317 of 1986) comprehends an information
charging a contravention of §.56(2) of that Act. Those
sub-sections provide:
"56(1) A corporation shall not, in trade or commerce, advertise for supply at a special price goods or services that the corporation does not antend to offer for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the corporation Carries on business and the nature of the advertisement.
(2) A corporation that has, in trade or
th
commerce, advertised goods or services for supply at a special price shall offer such
goods or services for supply at that price for a peritod that 15, and in quantities that are, reasonable having regard to the nature of the
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