Rodrigues, Winston Franklin Joseph v A.B.E. Copiers Pty Ltd Brown, Stephen Garth Bede v A.B.E. Copiers Pty Ltd [1983] FCA 196

Rodrigues, Winston Franklin Joseph v A.B.E. Copiers Pty Ltd Brown, Stephen Garth Bede v A.B.E. Copiers Pty Ltd [1983] FCA 196

Convictions were returned where evidence established the defendant falsely represented machines as new when they had been used for more than minimal demonstration or commercial purposes and supplied in connection with tenders or orders, particularly supported by zero meter readings, relevant documentation, and admissions. Acquittals followed where either the evidence only showed possible supply (not supply directly charged), or insufficient evidence of prior use deprived the machines of 'new' status.

Parties
Prosecutor: Winston Franklin Joseph Rodrigues; Prosecutor: Stephen Garth Bede Brown; Defendant: A.B.E. Copiers Pty. Limited
Jurisdiction
Australia
Judgment Date
19 August 1983
Procedural Posture
Criminal Proceeding / Judgment Following Trial
Outcome
Convicted on charges G6, G7, G18, and G23 of 1983; Acquitted on charges G8 and G9 of 1983; Questions of penalty and costs stood over.
Legal Topics
False Representation, Supply of Goods, Consumer Law Offences, Trade Practices Act S.53(b)
Trade Practices Consumer Protection False Representation Supply of Goods Consumer Law Offences Trade Practices Act S.53(b)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Winston Franklin Joseph Rodrigues

Prosecutor

Stephen Garth Bede Brown

Prosecutor

A.B.E. Copiers Pty. Limited

Defendant

Procedural Posture

Criminal Proceeding / Judgment Following Trial

Legal Issues

  1. 1 Whether the defendant falsely represented photocopying machines as new when they were not new in connection with the supply or possible supply of goods under the Trade Practices Act 1974 s.53(b)
  2. 2 Whether the defendant's conduct amounted to separate offences under the Act in relation to different machines
  3. 3 Whether use of showroom machines for demonstration or commercial purposes deprived them of 'new' status

Ratio Decidendi

Convictions were returned where evidence established the defendant falsely represented machines as new when they had been used for more than minimal demonstration or commercial purposes and supplied in connection with tenders or orders, particularly supported by zero meter readings, relevant documentation, and admissions. Acquittals followed where either the evidence only showed possible supply (not supply directly charged), or insufficient evidence of prior use deprived the machines of 'new' status.

Court Disposition

Convicted on charges G6, G7, G18, and G23 of 1983; Acquitted on charges G8 and G9 of 1983; Questions of penalty and costs stood over.

Orders

  • The defendant is convicted of the charges referred to in proceedings G6, G7, G18, and G23 of 1983.
  • The defendant is acquitted of the charges referred to in proceedings G8 and G9 of 1983.