Australian Competition & Consumer Commission v Dimmeys Stores Pty Ltd [1999] FCA 1175

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Dimmeys Stores Pty Ltd [1999] FCA 1175

TRADE PRACTICES – prosecution – supply of children's bicycles – non-compliance with product safety standard – guilty pleas entered – appropriate penalties – relevant matters to be taken into account in sentencing – defendants related companies – whether relevant to sentencing.

Trade Practices Act 1974 ss 65C(1)(A), 79 Crimes Act 1914 (Cth) ss 16A, 16C R v Ferrer-Esis (1991) 55 A Crim R 231 at 237 referred to R v Gallagher (1991) 23 NSWLR 220 referred to R v Sinclair (1990) 51 A Crim R 418 referred to Gardam v Splendid Enterprises Pty Ltd (1987) ATPR ¶40-779 at 48,502-48,503 referred to Miller v Cunningham's Warehouse Sales Pty Ltd (1994) ATPR ¶41-321 at 42,269 referred to Pugh v Clark Rubber Ltd (1993) ATPR ¶41-258 referred to

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DIMMEYS STORES PTY LTD

V 187 OF 1999

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v STARITE DISTRIBUTORS PTY LTD V 188 OF 1999 WEINBERG J 26 AUGUST 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 187 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Prosecutor

AND: DIMMEYS STORES PTY LTD

Defendant

V 188 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Prosecutor

AND: STARITE DISTRIBUTORS PTY LTD

Defendant

JUDGE: WEINBERG J

DATE OF ORDER: 26 AUGUST 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. In proceeding V 187 of 1999 Dimmeys Stores Pty Ltd be convicted and fined $60,000. 2. In proceeding V 188 of 1999 Starite Distributors Pty Ltd be convicted and fined $30,000. 3. The defendant in each proceeding pay the prosecutor's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.