Reardon, Lesley Patricia v Aquajet Holdings (S.A) Pty Ltd & Anor [1983] FCA 7

Reardon, Lesley Patricia v Aquajet Holdings (S.A) Pty Ltd & Anor [1983] FCA 7

The offences were serious and deliberate misrepresentations designed to promote sales. Substantial penalties are necessary both to reflect the seriousness of the conduct and to serve as a deterrent. The evidence provided by Mr. Nolan regarding reliance on statements by the Trade Practices Commission was rejected....

Source-derived case information.

Parties
Prosecutrix: Lesley Patricia Reardon; Defendant: Aquajet Holdings (S.A.) Pty. Limited; Defendant: James Patrick Nolan
Jurisdiction
Australia
Judgment Date
10 February 1983
Procedural Posture
Prosecution / Sentencing and Costs
Outcome
defendants convicted and fined; costs apportioned; leave granted to apply for imprisonment for non-payment of fines
Legal Topics
Misrepresentation, Fines, Costs, Deterrence
Trade Practices Misrepresentation Fines Costs Deterrence

Source-derived case record

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Parties

Lesley Patricia Reardon

Prosecutrix

Aquajet Holdings (S.A.) Pty. Limited

Defendant

James Patrick Nolan

Defendant

Procedural Posture

Prosecution / Sentencing and Costs

Legal Issues

  1. 1 Appropriate fines for deliberate misrepresentations under s.59(2) of the Trade Practices Act 1974
  2. 2 Assessment of costs between parties
  3. 3 Consideration of imprisonment in default of payment of fines

Ratio Decidendi

The offences were serious and deliberate misrepresentations designed to promote sales. Substantial penalties are necessary both to reflect the seriousness of the conduct and to serve as a deterrent. The evidence provided by Mr. Nolan regarding reliance on statements by the Trade Practices Commission was rejected. Costs are apportioned nine-tenths to Aquajet and one-tenth to Nolan. Leave is granted to apply for imprisonment in default of payment of fines.

Court Disposition

defendants convicted and fined; costs apportioned; leave granted to apply for imprisonment for non-payment of fines

Orders

  • Aquajet Holdings (S.A.) Pty. Limited convicted on seven charges (G54-G60 of 1981) under s.59(2) of the Trade Practices Act 1974.
  • Aquajet Holdings (S.A.) Pty. Limited fined $20,000 for each of G54 and G56, and $1,000 for each of the remaining five charges.