Gilmour, Douglas Anthony v Bannister Nominees Pty Ltd [1982] FCA 328

Gilmour, Douglas Anthony v Bannister Nominees Pty Ltd [1982] FCA 328

Bannister Nominees Pty Ltd made deliberate false representations about both the standard and performance characteristics of the 'Ace Edgemaster' concrete pumping machine in contravention of the relevant provisions of the Trade Practices Act 1974, warranting the imposition of penalties.

Parties
Prosecutor: Douglas Anthony Gilmour; Defendant: Bannister Nominees Pty Ltd
Jurisdiction
Australia
Judgment Date
23 June 1982
Procedural Posture
Prosecution for Offences Under Trade Practices Act / Judgment and Orders
Outcome
defendant guilty, fines imposed, costs awarded
Legal Topics
False Representations, Penalty
Trade and Commerce Consumer Protection False Representations Penalty

Case Brief

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Parties

Douglas Anthony Gilmour

Prosecutor

Bannister Nominees Pty Ltd

Defendant

Procedural Posture

Prosecution for Offences Under Trade Practices Act / Judgment and Orders

Legal Issues

  1. 1 whether Bannister Nominees Pty Ltd made false representations in trade or commerce regarding the 'Ace Edgemaster' concrete pumping machine in violation of Trade Practices Act 1974, sub-s. 53(a) and 53(c)
  2. 2 whether penalty is appropriate under the Act for these offences

Ratio Decidendi

Bannister Nominees Pty Ltd made deliberate false representations about both the standard and performance characteristics of the 'Ace Edgemaster' concrete pumping machine in contravention of the relevant provisions of the Trade Practices Act 1974, warranting the imposition of penalties.

Court Disposition

defendant guilty, fines imposed, costs awarded

Orders

  • A fine of $10,000 imposed in G39 of 1982; in default levy in distress.
  • A fine of $2,000 imposed in G53 of 1982; in default levy in distress.