Brown, R.M. v Greg Cotton Motors Pty Ltd [1987] FCA 536

FOR LIMITED DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) )

VICTORIA DISTRICT REGISTRY ) VG No. 316 of 1986 ) VG No. 317 of 1986

)

)

GENERAL DIVISION

Between: RODNEY MICHAEL BROWN

(Prosecutor ) And: GREG COTTON MOTORS PTY. LID. (Defendant ) MINUTES OF ORDER

JUDGE MAKING ORDER: RYAN J.

DATE OF ORDER: 2 OCTOBER 1987

THE COURT ORDERS THAT:

1. The summons numbered VG 316 of 1986 be dismissed.

2. The defendant be convicted of the charge contained in the

summons numbered VG 317 of 1986 and fined the sum of $6,000

payable to the Registrar of this Court within 21 days

this day.

3. The defendant pay the prosecutor's costs of the proceedings

in VG 316 and 317 of 1986.

E

the Federal Court Rules.

Settlement and entry of orders is dealt with in Order 36 of

IN THE FEDERAL COURT OF AUSTRALIA

)

) VICTORIA DISTRICT REGISTRY ) VG No. 316 of 1986

) VG No. 317 of 1986 ) )

GENERAL DIVISION

Between: RODNEY MICHAEL BROWN

(Prosecutor)

And: GREG COTTON MOTORS PTY. LTD.

(Defendant)

Coram: Ryan J. . Date: 25 August 1987 Place: Melbourne

REASONS FOR JUDGMENT

The defendant in these proceedings is a motor car trader carrying on business under the name "Neilson Holden Ferntree Gully". The first summons against the defendant alleges that on 26 August 1985 it was guilty of an offence against s.79 of the Trade Practices Act 1974 ("the Act") in that in contravention of s.56(1) of the Act, the defendant advertised for supply at a price, goods that it did not intend to offer for supply at that price for a period that