O'Sullivan v Miracle Foods (SA) Pty Ltd [1966] HCA 64

High Court of Australia Barwick C.J. Taylor, Menzies, Windeyer and Owen JJ. O'Sullivan v Miracle Foods (SA) Pty Ltd [1966] HCA 64

ORDER Complaints alleging offences under s. 23 of the Margarine Act, 1939-1956 and reg. 6a (6) of the Margarine Regulations, 1930 dismissed. Defendant convicted of the offence alleged under s. 24 (a) of the Margarine Act, 1939-1956 and this matter remitted to the magistrate to be dealt with according to law. Complainant to pay two-thirds of defendant's costs in High Court including proceedings taken to remove prosecutions to High Court.

Cur. adv. vult.

The following written judgments were delivered:

Sept. 9 Barwick C.J.

Miracle Foods (S.A.) Pty. Limited (the defendant) was charged before a stipendiary magistrate in the Adelaide Police Court upon the complaint of J. L. O'Sullivan (the complainant) with three offences under the Margarine Act, 1939-1956 (the Act) and the Regulations made thereunder (the Regulations).

The first charge was that the defendant on a specified date in a suburb of Adelaide had sold, or had in its possession for sale, margarine in a package on which there was not written or printed in bold faced sans serif black capital letters not less than 30 points face measurement the word "margarine" contrary to the provisions of s. 24 of the Act. The second was that on the same date at the same place the defendant sold, or offered for sale, table margarine in respect of the manufacture of which records had not been kept as required by reg. 6a (6) of the Regulations. The third was that on the same day and at the same place the defendant sold, or had in its possession for sale, margarine of which less than one-tenth of one per centum by weight consisted of dry starch or arrowroot intimately mixed with the other constituents of the margarine, contrary to s. 23 of the Act.