Australian Competition & Consumer Commission v GIA Pty Ltd [2002] FCA 1298

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v GIA Pty Ltd [2002] FCA 1298

TRADE PRACTICES – consumer protection – prosecution false or misleading representation concerning place of origin of polo shirts – defendants gave false or misleading information in response to s 155 notice – defendant company in liquidation – defendant director impecunious Trade Practices Act 1974 (Cth) ss 53(eb), 155(5)(b) Australian Competition & Consumer Commission v Vales Wine Co Pty Ltd [1996] ATPR 41-528 at 42,776 followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GIA PTY LTD IN LIQUIDATION) AND ERIC IAN THOMPSON NO T34 and T35 OF 2001 HEEREY J 23 OCTOBER 2002 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T34 AND T35 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: GIA PTY LTD (IN LIQUIDATION)

FIRST RESPONDENT

ERIC IAN THOMPSON

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 23 OCTOBER 2002

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT: 1. In proceeding T34 of 2001 the defendants are convicted on all charges and are ordered to pay the following aggregate penalties in respect of all charges · first defendant $5000 · second defendant $1000 2. In proceeding T35 of 2001 the defendants are convicted and ordered to pay the following penalties · first defendant $50,000 · second defendant $4000 3. The penalties imposed on the second defendant are to be paid by instalments of $100 per month, the first instalment to be paid on 1 November 2002. 4. The defendants pay the prosecutor's costs to be taxed, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.