Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN : AND: BETWEEN : AND: CORAM: Jenkinson J. PLACE: Melbourne DATE: 31 October, 1986
616/86.
) ) No. VG57 of 1985
LOUISE ELIZABETH
WILKINSON
Frosecutor
KATIES FASHIONS (AUST. )
Defendant
No. No. No.
VGeo of 19385 VGee of 1585 VG63 of 1985
LOUISE ELIZABETH
WILKINSON Prosecutor ARPEL AUSTRALIA PTY. LTD.
Defendant
REASONS FOR SENTENCE
The circumstances in
s.53(a) of the
contraventions of
which the
defendants committed
Trade Practices Act 1974 have
been stated in reasons for judgment published on 28 July 195986.
It will be apparent from a perusal of those reasons that no concern for financial advantage to either defendant or its holding company had contributed to bring about the contraventions. And, although the defendants and their associated companies were for some time mistaken as to the nature of the contraventions and the causes thereof, they were prepared promptly to take thorough and not inexpensive measures to ensure that no further
contravention occurred.
There had been no warning indications that mistakes of the kind which resulted in the contraventions might be occurring. The gravamen of the case against the defendants is simply this : that they failed to acknowledge to themselves the risk of human error, inherent in the process of representation by labelling, as of sufficient gravity to warrant their subjecting the process to an inexpensive surveillance for the purpose of detecting such
error. Farts V and VI of the Trade Practices Act 1974 disclose a
policy to deter by criminal sanction even such a relatively minor culpability in those who in trade or commerce make commercially significant misrepresentations to consumers in connexion with the
supply of goods.
The defendant Katies Fashions (Aust.) Pty. Ltd. in the proceeding VG57 of 1985 is convicted and fined $300 and ordered to pay the prosecutor's costs (including costs reserved) of the
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