Dillon, D.D. v Chin, L.L. & Anor [1988] FCA 440

% S -" Gort * NUDGMENT No. 4407.85

CATCHWORDS

CRIMINAL LAW - more than one representation alleged — whether bad for duplicity - whether statements made on one occasion may constitute a single offence - single enterprise doctrine - amendment.

TRADE PRACTICES —- prosecution against company -— whether natural person "knowingly concerned in" contravention - natural

person the chief actor.

Trade Practices Act 1974, ss.53(c), 79 Crimes Act 1914, s.5(1) Federal Court Rules, 0.49

Danelle Dobinson Dillon v. buke Lawrence Chin

Qld G5S7-61 of 1987

Danelle Dobinson Dillon

v. Kingly Commodities (Qld) Pty Ltd Qld G62 -67 of 1987

PINCUS J. BRISBANE Id AUGUST 1988

SEN

Tr np tne ee eee ey

>

pepo oe

eee eee

—-

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

eee

QLD G57-61 of 1987

BETWEEN: DANELLE DOBINSON DILLON

Prosecutor

AND: LUKE LAWRENCE CHIN

Defendant

QLD G62-67 of 1987

BETWEEN: DANELLE DOBINSON DILLON

Prosecutor

AND: KINGLY COMMODITIES (QLD) PTY LTD

Defendant MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 10 AUGUST 1988 WHERE MADE: BRISBANE IN G57 OF 1987, THE COURT ORDERS THAT: 1. the matter be adjourned to give the prosecution the

opportunity of amending the particulars so as to charge one offence only;

2. the matter be adjourned to the Registrar to be restored on the list on application made to him;

3. the defendant pay the costs of and incidental to the proceedings, to be taxed.

IN G58 OF 1987, THE COURT ORDERS THAT:

1. the defendant is convicted of the contravention of s.53(c) of the Trade Practices Act 1974 with which

he was charged;

pe ee

*

.° 2. the matter be adjourned to the Registrar to be restored on the list on application made to him;

3. the defendant pay the costs of and incidental to the proceedings, to be taxed.

IN G59 OF 1987, THE COURT ORDERS THAT:

1. the defendant is convicted of the contravention of s.53(c) of the Trade Practices Act 1974 with which