Federal Court of Australia
CATCHWORDS TRADE PRACTICES - consumer protection - importance of penalty for an offence against s65C(1) of the Trade Practices Act 1974 (Cth) - no issue of principle Trade Practices Act 1974 (Cth) s65C(1) Crimes Act 1912 (Cth) s19B AUSTRALIA COMPETITION AND CONSUMER COMMISSION v NORDIC LUST PTY LIMITED SG 6 of 1996 CORAM: BRANSON J PLACE: SYDNEY DATE: 4 OCTOBER 1996
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. SG 6 of 1996 GENERAL DIVISION ) BETWEEN: AUSTRALIA COMPETITION AND CONSUMER COMMISSION Prosecutor AND: NORDIC LUST PTY LIMITED ACN 059 413 295 Defendant CORAM: BRANSON J PLACE: SYDNEY DATE: 4 OCTOBER 1996 MINUTES OF ORDER THE COURT ORDERS THAT: (1) The defendant is fined the sum of $400. (2) The defendant is to pay the prosecution's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. SG 6 of 1996 GENERAL DIVISION ) BETWEEN: AUSTRALIA COMPETITION AND CONSUMER COMMISSION Prosecutor AND: NORDIC LUST PTY LIMITED ACN 059 413 295 Defendant CORAM: BRANSON J PLACE: SYDNEY DATE: 4 OCTOBER 1996 EX TEMPORE JUDGMENT HER HONOUR: The defendant, Nordic Lust Pty Limited has been convicted of an offence against s65C(1) of the Trade Practices Act 1974 (Cth) in that it sold an exercise bike that was of a kind likely to be used by a consumer and in respect of which there was a prescribed consumer product safety standard when such bike did not comply with such standard. I have been invited by Mr Edwardson, who appeared today as counsel for the defendant but did not earlier appear for the defendant, to consider recalling the order recording the conviction and acting in reliance on s19B of the Crimes Act 1914 (Cth) by failing to proceed to a conviction in this matter. Assuming that s19B is a section upon which I would be entitled to place reliance in this case, I am not satisfied that it is
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