Von Berg, Michael Gunther Baron & Anor v Trade Practices Commission (now known as the ACCC) [1996] FCA 1140

CATCHWORDS TRADE PRACTICES - Offence to represent that goods of particular composition - Representation by wine manufacturer that wine 100% 1991 Cabernet Sauvignon - Representation false - Whether prosecution bound to prove actual composition of wine - Whether knowledge of falsity an element of offence - Representee aware of falsity - Whether a defence. CRIMINAL LAW - Appeal - Trade practices - Offence to falsely represent that goods of particular composition - Trial by judge alone - Findings of fact based on credibility of witnesses - Power of appellate court to intervene - Whether conviction unsafe or unsatisfactory. Trade Practices Act 1974, s 53(a), 79(1) Australian Wine and Brandy Corporation Act 1980, ss 39D, 39F, 39X. Doney v The Queen (1990) 171 CLR 207 Devries v Australian National Railways Commission (1993) 177 CLR 472 Reg v Byrnes and Hopwood (unreported, South Australian Court of Criminal Appeal, 2 May 1996) Given v CV Holland (Holdings) Pty Ltd (1977) 29 FLR 212 Darwin Bakery Pty Ltd v Sully (1981) 51 FLR 90

Giorgianni v The Queen (1985) 156 CLR 473 Whitehorn v The Queen (1983) 152 CLR 657 Morris v The Queen (1987) 163 CLR 454 M v The Queen (1994) 181 CLR 487 Reg v Tait (1979) 24 ALR 473 Hughes v Western Australian Cricket Association (1986) 8 ATPR 40-748 Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd (1987) 17 FCR 211 MICHAEL GUNTHER BARON VON BERG and CLAUDIO VIRGILIO CURTIS v TRADE PRACTICES COMMISSION (now known as the ACCC) SG 42 of 1996 COURT: Foster, von Doussa and Sundberg JJ PLACE: Adelaide DATE: 19 December 1996

IN THE FEDERAL COURT OF AUSTRALIA ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No SG 42 of 1996 GENERAL DIVISION ) BETWEEN: MICHAEL GUNTHER BARON VON BERG and CLAUDIO VIRGILIO CURTIS Appellants AND: TRADE PRACTICES COMMISION (now known as the ACCC) Respondent COURT: Foster, von Doussa and Sundberg JJ DATE: 19 December 1996 PLACE: Adelaide MINUTES OF ORDER The Court orders that: 1. The appeal be dismissed. 2. The appellants pay the respondent's taxed costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.