Federal Court of Australia
JUDGMENT No. 1 3/1.
CATCHWORDS
Trade Practices - prosecution under section 79(1) for alleged contraventions of s8s.53(a) of the Act - substitution of meat species in "beef" pies - meat supplied by third party -— no knowledge of substitution on part of accused - whether defences under s.85(1) of the Act available - effect of amendment to section 85(1) following Swanson Committee report - whether defence of "reasonable mistake" available in the circumstances - construction of s.85(1)(a) of the Act - whether "information" "supplied" to accused by third party in circumstances of purported performance of long standing contractual dealings for purposes of s.85(1)(b) of the Act.
Practice and Procedure - factual admissions proferred by accused - whether appropriate - operation of s.80 of the Judiciary Act 1903 - "the common law of England" - applicability of provisions of Crimes Act 1900 (NSW)
Trade Practices Act 1974 ss. 53(a) 79(1) and 85(1) Trade Practices Revision Act 1986
Trade Practices Amendment Act 1977
Australia Act 1986
Crimes Act 1900 (NSW) s.404
Rv Maes [1975] VR 541 referred to.
Warman International Ltd. v Envirotech Australia Pty. Ltd. (19586) 67 ALR 253 referred to.
R v Drury (1983) 50 ALR 159 referred to.
Australian Consolidated Press Ltd. v Uren [1969] 1 AC
590 referred to.
The Queen v Longford (1970) 17 FLR 37 referred to.
Chiou Yaou Fa v Morris (1987) 46 NTR 1 referred to. Proudman v Dayman (1941) 67 CLR 536 referred to.
He Kaw Teh v The Queen (1985) 157 CLR 523 followed.
Guthrie v Doyle Dane and Bernbach Pty. Ltd. (19 0 FLR 116 const dered. acaentay,
Brown v Riverstone Meat Co. Pty. Ltd. (xXQ¥ 595 ceferred to. : RECEIVED
= 9 NOV 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTAY
Re Bolton; Ex parte Beane (1987)61 ALJR 190 referred to
Given v C.V. Holland (Holdings) Pty. Ltd. (1977) 29 FLR 212 considered.
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