DIRECTOR-GENERAL, DEPARTMENT OF FAIR TRADING v. ADREMA PTY. LIMITED & ORS [2002] NSWSC 884

New South Wales Supreme Court

CITATION : DIRECTOR-GENERAL, DEPARTMENT OF FAIR TRADING v. ADREMA PTY. LIMITED & ORS [2002] NSWSC 884 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC No. 13389 of 2001 HEARING DATE(S) : Thursday 26 September 2002 JUDGMENT DATE : 26 September 2002

PARTIES : DIRECTOR-GENERAL, DEPARTMENT OF FAIR TRADING v. ADREMA PTY. LIMITED & ORS JUDGMENT OF : Greg James J at 1

Plaintff: P. Renehan COUNSEL : 1st Deft: Submitting appearance 2nd Deft: J. Kosmin (Sol) 3rd Deft: R. Greenhill, SC. Plaintiff: D. Catt SOLICITORS : 1st Deft: Kemp Strang 2nd Deft: Kosmin & Associate 3rd Deft: Turnbull Hill Lawyers CATCHWORDS : Criminal law - summary jurisdiction - offences of strict liability - punishable only by fines - consideration of matters referred to by the Crimes (Sentencing Procedure) Act 1999 - totality of criminality - total of fines - means of offender as relevant to quantum of fine. Travel Agents Act 1986 LEGISLATION CITED : Fair Trading Act 1987 Supreme Court Summary Jurisdictions Act 1967 Crimes (Sentencing Procedure) Act 1999 CASES CITED : Pearce (1998) 194 CLR 610 De Simoni (1981) 147 CLR 383 DECISION : First defendant - I stand the proceedings against the company over to a date to be fixed by arrangement with my associate. If the matter is not to proceed, a notice of discontinuance is to be filed within one month. In the event that the matter is to proceed, I direct that notice be given to my associate of that intention and the relevant written submissions and affidavit evidence of notification of the liquidator filed within one month from today; Second defendant - I fine the offender, Stewart Cahn, the sum of $3,000 to be paid by instalments calculated on a weekly basis, to be payable monthly. The amount to be paid shall be $20 per week. In the event of default, the Director General may take action for the outstanding balance. First payment due on 1 November 2002. I order that Mr. Cahn, pursuant to s.38(2) of the Travel Agents Act 1986, be jointly liable to make compensation in the sum of $140,373 to the Director General, Department of Fair Trading for payment out to the 24 persons whose claims were rejected by the travel compensation fund. I order the defendant, Mr. Cahn, to pay the plainiff's costs; Third defendant - for the offence under s.6 of the Travel Agents Act 1986, I fine the defendant, Mr. Elphick, $11,000. For each of the offences under the Fair Trading Act 1987, I fine the defendant, Mr. Elphick, $5,500. I order that the defendant have one month in which to pay those fines. Under s.38(2) of the Travel Agents Act 1986, I order the defendant to pay compensation assessed in the sum of $140,373 to the Director-General, Department of Fair Trading for payment out to the 24 persons whose claims were rejected by the travel compensation fund. I order the defendant, Mr. Elphick, to pay the plaintiff's costs.