Rizzo, P.A v Fitzgerald, C [1988] FCA 389

JUDG roNT ra, 33 9/28.

Weel

CATCHWORDS

TRADE PRACTICES — "unsolicited services" - services not supplied - whether contemplated future supply of services covered - assertion of right to payment - operation of deeming provision on invoice using name of business.

Trade Practices Act 1974 ~ ss.4(1), 4C(b), 6(3), 64(2A), 64(5), 647)

Phillip Augene Rizzo v. Carol Fitzgerald

Qld GI2Z7 of 19

PINCUS J. BRISBANE 22 JULY 1988

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G127 of 1987 GENERAL DIVISION )

BETWEEN: PHILLIP AUGENE RIZZO

Prosecutor AND: CAROL FITZGERALD Defendant MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 22 JULY 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the defendant is convicted of the contravention of s.64(2A) of the Trade Practices Act 1974 with which she was charged;

2. the matter be adjourned to Thursday, 4 August 1988, at 2.15 pm to hear submissions on penalty and receive evidence if necessary on that subject.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

QLD Gi27 of 1987

—ew

BETWEEN: PHILLIP AUGENE RIZZO

Prosecutor

AND: CAROL FITZGERALD

Defendant

PINCUS J. 22 JULY 1988

REASONS FOR JUDGMENT

The defendant 1s charged with an offence under s.64(2A)

of the Trade Practices Act 1974 in that she —

"... trading as FIGHT FOR LIFE did, in contravention of Section 64(2A) of the said Act, in trade or commerce by use of telephonic and postal services, assert a right to payment from a person for unsolicited services without having reasonable

cause to believe that there was a right to payment."

The particulars supplied say in effect that the assertion complained of consisted of a certain invoice which has been tendered and 1s referred to below. It purports to charge for