Commissioner for Fair Trading, Office of Finance and Services v Hua Yang Australia International Trading and Investment Pty Limited and Huadi Bi [2016] NSWSC 1380

Supreme Court New South Wales

Medium Neutral Citation: Commissioner for Fair Trading, Office of Finance and Services v Hua Yang Australia International Trading and Investment Pty Limited and Huadi Bi [2016] NSWSC 1380 Hearing dates: 25 September 2015; 10 December 2015; 3 June 2016; 29 July 2016; Further written submissions 5 August 2016 Date of orders: 04 October 2016 Decision date: 04 October 2016 Jurisdiction: Common Law Before: Bellew J Decision: (1) In respect of the offence particularised in paragraph 1a of the Summons, the first defendant is fined the sum of $3,000.00. (2) In respect of the offence particularised in paragraph 1b of the Summons, the first defendant is fined the sum of $3,000.00. (3) In respect of the offence particularised in paragraph 3a of the Summons, the second defendant is fined the sum of $9,000.00. (4) In respect of the offence particularised in paragraph 3b of the Summons, the second defendant is fined the sum of $9,000.00. (5) The fines in Orders 1 to 4 are to be paid within 28 days. (6) The first and second defendants are to pay the costs of the prosecutor in the sum of $25,000.00. (7) The costs in Order 6 are to be paid within 28 days. Catchwords: CRIMINAL LAW – Offences – Selling electrical articles without model approval – Where defendants sold mobile telephone chargers and an electrical travel adaptor which did not have model approval – Where the construction of the items in the present case was such that approval would never have been forthcoming even if sought – Where expert evidence established that the users of the items were at risk of severe or fatal electric shock – Where the scheme of the relevant legislation was directed to ensuring public safety – Responsibility on the part of sellers to ensure that such items have the requisite regulatory approval and are therefore safe to use – Entitlement of the public to expect that items which are offered for sale will be safe – Where the offending was motivated by financial gain – Where offending committed without regard to the safety of the public – No evidence of remorse – Necessity to have regard to general deterrence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Electricity (Consumer Safety) Act 2004 (NSW) Cases Cited: ACCC v Clinica Internationale Pty Limited (No 2) [2016] FCA 62 Department of Fair Trading v Reject Shop [1999] NSWSC 62 EPA v Barnes [2006] NSWCCA 246 McInnes v Global Imports Pty Limited [1992] FCA 590 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v El Masri [2005] NSWCCA 167 R v Palmer [2015] NSWCCA 349 R v Rahme (1989) 43 A Crim R 81 Category: Principal judgment Parties: Commissioner for Fair Trading, Office of Finance and Services – Prosecutor Hua Yang Australia International Trading and Investment Pty Limited – First defendant Huadi Bi – Second defendant Representation: Counsel: J Ghabrial – Prosecutor S Hall (25 September 2015); R Rajalingam (10 December 2015, 3 June 2016 and 29 July 2016) – First and second defendants