Australian Competition and Consumer Commission v Skippy Australia Pty Ltd [2006] FCA 1343

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Skippy Australia Pty Ltd [2006] FCA 1343

TRADE PRACTICES – prosecution - consumer protection – offences relating to product safety and product information – supply of baby walkers and cots – non compliance of requisite product safety standard – misrepresentation that the defendant satisfied requisite standards – misrepresentation that there was no right to refund – appropriate penalties to impose CRIMINAL LAW – matters to which court to have regard when passing sentence – financial circumstances of defendant – application of deterrence principle Crimes Act 1914 (Cth) Federal Court Rules Trade Practices Act 1974 (Cth) Australian Competition and Consumer Commission v Chubb Security Australia Pty Ltd [2004] FCA 1750 applied Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd [2004] FCA 376 referred to Australian Competition and Consumer Commission v Vales Wine Company Pty Ltd (1976) ATPR 41-528 referred to Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [1999] FCA 1175 referred to Gardam v Splendid Enterprises Pty Ltd (1987) ATPR 40-779 considered Miller v Cunningham's Warehouse Sales Pty Ltd (1994) ATPR 41-321 referred to Pugh v Clark Rubber Limited (1993) ATPR 41-258 referred to R v Sinclair (1990) 51 A Crim R 418 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SKIPPY AUSTRALIA PTY LTD VID 385-388 OF 2006

TRACEY J

18 OCTOBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 385-388 OF 2006

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Prosecutor

AND: SKIPPY AUSTRALIA PTY LTD

Defendant

JUDGE: TRACEY J DATE OF ORDER: 18 OCTOBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: