NSW Food Authority v Fernbrew Pty Limited trading as D'Aquino Bond Wholesalers [2007] NSWSC 531

New South Wales Supreme Court

CITATION : NSW Food Authority v Fernbrew Pty Limited trading as D'Aquino Bond Wholesalers [2007] NSWSC 531

HEARING DATE(S) : 24 May 2007

JUDGMENT DATE : 28 May 2007

JURISDICTION : Common Law Division

JUDGMENT OF : Studdert J

DECISION : (1) For the breach of s 18(3) of the Food Act 2003, the defendant is convicted and I impose a penalty of $15,000. (2) For the breach of s 21(2) of the Food Act 2003, the defendant is convicted and I impose a further penalty of $15,000. (3) Those penalties are payable within twenty-eight days from today subject to any application the defendant may be advised to make pursuant to s 10 of the Fines Act, and I note that the prosecutor would have no objection to an extension of time provided the penalties are paid within two months from today. (4) I order that the defendant pay the prosecutor's costs of these proceedings, which are agreed upon in the sum of $80,000 inclusive of GST. (5) I note that the prosecutor would have no objection to time being extended for payment of these costs provided they are paid within two months from today. (6) In the event of default of payment within that period, the prosecutor is to be entitled to interest on any part of the agreed amount of $80,000 outstanding pursuant to s 100 of the Uniform Civil Procedure Act until the agreed amount is paid in full by the defendant. (7) Pursuant to s 122(2) of the Fines Act, I direct that one-half of the fines imposed are to be paid to the prosecutor.

LEGISLATION CITED : Food Act 2003 Fines Act 1996

Authorised Officer Ian Beer v D'Aquino & Ors [2006] NSWSC 821 CASES CITED : Kirkby v A. & M.I. Hanson Pty Limited (unreported, Hungerford J, 13 September 1994) Workcover Authority of New South Wales v Warrah Ridge Pastoral Co. Pty Limited (unreported, Bauer J, 23 September 1994) Page v Best & Less (Australia) Pty Limited (unreported, Peterson J, 3 November 1994)