Federal Court of Australia
CATCHWORDS
Trade Practices - Prosecution - whether proved beyond reasonable doubt admittedly wrong label attached to goods constituted representation of respondent - whether any reasonable hypothesis consistent with innocence - whether proved beyond reasonable doubt that specification of "current value" in "certificate of origin" was a representation that goods were of a particular quality within the meaning of s.53(a) of the Trade Practices Act 1974 - Crimes Act 1914.
Trade Practices Act 1974 (Cth): ss..53(a), 79(1).
Crimes Act 1914 (Cth): s.5
VG Nos. 86,94,98,122,123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136 of 1984
ALAN RAYMOND DUCRET v. CHAUDHARY'S ORIENTAL CARPET PALACE: Pry. LTD.
ALAN RAYMOND DUCRET v. S. I. CHAUDHARY
Ryan J. 27 July 1987
Melbourne
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IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VG Nos. 86,94,98,122,123,
124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136 of 1984
: ALAN RAYMOND DUCRET
And:
(Prosecutor)
CHAUDHARY' S_ ORTENTAL
Between:
And:
CARPET PALACE PTY. LTD. (Defendant)
(VG Nos.94,98,122,123,
124,125.126.127,128,129
and 130 of 1984)
ALAN RAYMOND DUCRET
(Prosecutor)
S. I. CHAUDHARY
{Defendant )
(VG Nos. 86, 131, 132, 133, 134, 135, 136 of 1984)
Judge Making Order: Ryan J.
Date of Order: 27 July 1987
Where Made: Melbourne
MINUTE OF ORDER
THE COURT ORDERS THAT:
NOTE:
The summonses numbered VG 122, 124 and 135 be
dismissed.
The defendant, Chaudhary's Oriental Carpet Palace Pty.
Ltd., be convicted of the charge contained in the
summons numbered VG 126 and fined the sum of $250.00
The prosecution pay the defendants' costs reserved by
Keely J. on 9 December 1985 and three-quarters of the
defendants' other costs.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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