Douglas Anthony Gilmour v Bannister Nominees Pty Ltd [1982] FCA 253

Douglas Anthony Gilmour v Bannister Nominees Pty Ltd [1982] FCA 253

Bannister Nominees Pty Ltd deliberately made false representations in trade or commerce in connection with the sale of an "Ace Edgemaster" machine to Graham Knox, representing that it was to contractors standard and capable of producing acceptable concrete edging when there was no possible basis for those statements. The Court imposed fines of $10,000 and $2,000, treating sub-s. 79(2) as indicating that the two related offences should not be approached as attracting a separate maximum fine for each charge.

Jurisdiction
Australia
Judgment Date
22 November 1982
Procedural Posture
Prosecution for Offences Under the Trade Practices Act 1974 Concerning False Representations / Penalty and Orders Following Findings of Contraventions
Outcome
Fines totalling $12,000 imposed on Bannister Nominees Pty Ltd, with costs ordered against the defendant.
Legal Topics
['false Representations' 'promotion of Supply of Goods' 'penalties']
['trade and Commerce' 'consumer Protection'] ['false Representations' 'promotion of Supply of Goods' 'penalties']

Case Brief

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Procedural Posture

Prosecution for Offences Under the Trade Practices Act 1974 Concerning False Representations / Penalty and Orders Following Findings of Contraventions

Legal Issues

  1. 1 ['Whether the defendant made a false representation in trade or commerce that an "Ace Edgemaster" concrete pumping machine was to contractors standard contrary to sub-s. 53(a) of the Trade Practices Act 1974.' 'Whether the defendant falsely represented that the machine had a performance characteristic it did not have contrary to sub-s. 53(c) of the Trade Practices Act 1974.' 'What fines should be imposed for the two offences.']

Ratio Decidendi

Bannister Nominees Pty Ltd deliberately made false representations in trade or commerce in connection with the sale of an "Ace Edgemaster" machine to Graham Knox, representing that it was to contractors standard and capable of producing acceptable concrete edging when there was no possible basis for those statements. The Court imposed fines of $10,000 and $2,000, treating sub-s. 79(2) as indicating that the two related offences should not be approached as attracting a separate maximum fine for each charge.

Court Disposition

Fines totalling $12,000 imposed on Bannister Nominees Pty Ltd, with costs ordered against the defendant.

Orders

  • ['In G39 of 1982, a fine of $10,000 be imposed; in default, levy in distress.' 'In G53 of 1982, a fine of $2,000 be imposed; in default, levy in distress.' 'The defendant, Bannister Nominees Pty Ltd, pay the costs of the proceedings, including reserved costs, if any.' 'Liberty to apply.']