Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Prosecutions - False misrepresentations concerning
compliance of imported sunglasses with Australian Standard 1067 of 1983 - facts on which penalty should be decided - appropriate standard of proof in relation to fact finding leading to the imposition of
penalties - criteria on which penalties should be imposed.
Pleas of Guilty - Assessment of penalties - Discretion and factors
relevant to the exercise thereof.
Trade Practices Act 1974: ss 53(a), 79.
DAVID AUBOURNE THORP
Prosecutor BRIAN LAWLOR AUTOMOTIVE PTY. LIMITED Respondent G 381 of 1986 G 382 of 1986 a Met "= . ro) f ee, a a> Einfeld J. Qe 55 Sydney e2ee Qa
24 July 1987
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IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Nos. G 381 of 1986 G 382 of 1986
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CORAM:
DATE:
PLACE:
NOTE:
Between DAVID AUBOURNE THORP
And BRIAN LAWLOR AUTOMOTIVE PTY. LIMITED
Einfeld J. 24 July 1987
Sydney
MINUTES OF ORDERS
I convict the defendant of a contravention of section 79 of the Trade Practices Act 1974, being the offences against section 53
(a) alieged in the informations filed in this Court on 3
September 1986.
I order that the defendant pay to the Registrar of this Court
within twenty-one (21) days of this day a fine of six thousand
dollars ($6,000), being
(i) Two thousand dollars ($2,000) in respect of summons No. G 381 of 1986, and. (ib) Four thousand dollars ($4,000) in respect of summons No.
G 382 of 1986.
Settlement and entry of orders is dealt with in accordance with
Order 36 of the Federal Court Rules.
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iN
sae eee we eae
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY Nos. G 381 of 1986
G 382 of 1986
GENERAL DIVISION
Between DAVID AUBOURNE THORP
And BRIAN LAWLOR AUTOMOTIVE PTY. LIMITED
CORAM: Einfeld J.
DATE: 24 July 1987 PLACE: Sydney
REASONS FOR JUDGMENT
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