Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd ACN 073 979 781 [2001] FCA 299

FEDERAL COURT OF AUSTRALIA Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd ACN 073 979 781 [2001] FCA 299

TRADE AND COMMERCE - trade practices - product safety - supply of children's nightwear - non-compliance with prescribed safety Standards - appropriate penalties - whether injunction should issue to restrain a wide range of conduct than that the subject of the offences - Trade Practices Act 1974 (Cth) ss 65C(1), 79, 80

Trade Practices Act 1974 (Cth) ss 65C(1), 79, 80 Crimes Act 1914 (Cth) s 16A(2)(a) and (b)

Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd (1999) ATPR 41-716 referred to Gardam v Splendid Enterprises Pty Ltd (1987) ATPR 48,495 referred to Trade Practices Commission v Mobil Oil Australia Ltd (1984) 4 FCR 296 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DIMMEYS STORES PTY LTD ACN 073 979 781 Q 145 OF 2000 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DIMMEYS STORES PTY LTD ACN 073 979 781 Q 31 OF 2001 DRUMMOND J 20 AND 22 MARCH 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 145 OF 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

PROSECUTOR

AND: DIMMEYS STORES PTY LTD ACN 073 979 781

DEFENDANT

JUDGE: DRUMMOND J

DATE OF ORDER: 20 AND 22 MARCH 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The defendant is convicted of Counts 1 to 6 on the Summons issued on 17 November 2000.

2. In respect of each of the six charges alleging a contravention of s 79(1) the Trade Practices Act 1974 (Cth) on various occasions between 7 July and 10 July 2000 Dimmeys Stores Pty Ltd is fined $10,000, such fine to be paid to the Commonwealth Director of Public Prosecutions on or before 20 April 2001.

3. Counts 7 and 8 on the said Summons be withdrawn.