Lee v Evans [1964] HCA 65

High Court of Australia Barwick C.J. Kitto, Taylor, Windeyer and Owen JJ. Lee v Evans [1964] HCA 65

ORDER Appeal allowed with costs. Order of the Supreme Court set aside and in lieu thereof order that the appeal to the Supreme Court be dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 5 Barwick C.J.

The appellant was charged before a special magistrate in Adelaide with using or making reference at Whyalla on 12th August 1963 in an invitation to the public to deposit money with or lend money to the appellant to the business name of Chowilla Timber Supply Co., which was the business name of the appellant registered under the Registration of Business Names Act, 1928-1961 of South Australia. Particulars of the charge were supplied by the prosecution and were amended during the hearing. In the result, the particulars of the charge were that the invitations (sic) to the public were oral and made to Owen Claude Broadbent, John Noel Broadbent, and other persons unknown to the complainant, and that the use of or making reference to the business name was that the appellant introduced himself either as the proprietor or as the representative of the Chowilla Timber Supply Co.

Section 4a (1) of the Registration of Business Names Act, 1928-1961 provides:—"(1) Notwithstanding any other provision of this Act, where a firm, individual or corporation carrying on business in South Australia under a business-name is registered or required to be registered under this Act in relation to that business-name, no person shall use or make reference to that business-name in any invitation to the public, or in any advertisement inviting the public, to deposit money with or lend money to that firm, individual or corporation. Penalty: Five hundred pounds."