Federal Court of Australia
oo
TRADE PRACTICES ~- consumer product safety standard - childrens
nightclothes - fire risk labelling - supply of nightdresses without required fire risk warning - mislabelled to indicate reduced fire hazard - prosecution for contravention of ss.53(A)
and 62 of Trade Practices Act - factors relevant to penalty -
unintentional mislabelling - family company - small number of
employees - importance of safety standards.
Trade Practices Act 1974
Trade Practices Revision Act 1986
VERNON JOHN GARDAM v SPLENDID ENTERPRISES PTY LTD WAG 17 OF 1987
FRENCH J. 16 April 1987 Perth
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
www Sw
No. WAG 17 of 1987
BETWEEEN: VERNON JOHN GARDAM Prosecutor
and
SPLENDID ENTERPRISES PTY LTD Defendant
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 16 APRIL 1987 WHERE MADE: Perth
THE COURT ORDERS THAT: 1. The defendant 1s convicted on its plea of guilty on each
of the four counts in the information.
2. The defendant is fined in respect of the four counts as follows:- (1) on the first count - $2,000.00 (11) on the second count - $ 500.00 (iii)on the third count - $ 500.00 (av) on the fourth count - $2,000.00
3. The defendant is to pay the prosecutor's costs to be taxed.
Note: Settlement and entry of orders is dealt with
in Order 36 of the Federal Court Rules.
+ See med -
tee a ee ae etm ee
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
we
NO. WAG 17 of 1987 BETWEEN: VERNON JOHN GARDAM Prosecutor and SPLENDID ENTERPRISES PTY LID Defendant CORAM : FRENCH J. 16 April 1987
REASONS FOR JUDGMENT
Splendid Enterprises Pty Ltd is a family company which has for the past 8 years manufactured and supplied "Jolie" brand
childrens night dresses.
In February 1986 the company supplied to a wholesaler, George Wills & Co. Ltd, a quantity of the night dresses bearing a
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