Henderson, Craig Jackson v. Bowden Ford Pty Ltd [1979] FCA 102

Henderson, Craig Jackson v. Bowden Ford Pty Ltd [1979] FCA 102

The defendant's act of representing a superseded model vehicle as 'new' contrary to s.53(b) of the Trade Practices Act 1974, though not deliberate, was a serious contravention requiring a substantial penalty for deterrence, especially in light of prior related contraventions and the need for accurate representations to consumers.

Parties
Informant: Craig Jackson Henderson; Defendant: Bowden Ford Pty. Limited
Jurisdiction
Australia
Judgment Date
05 October 1979
Procedural Posture
Criminal Proceeding (contravention of Statute) / Penalty After Plea of Guilty
Outcome
Conviction and monetary penalty imposed
Legal Topics
False Representations, Meaning of 'new' in Sale of Goods, Imposition of Penalty
Trade Practices False Representations Meaning of 'new' in Sale of Goods Imposition of Penalty

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Parties

Craig Jackson Henderson

Informant

Bowden Ford Pty. Limited

Defendant

Procedural Posture

Criminal Proceeding (contravention of Statute) / Penalty After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate penalty for making a false representation contrary to s.53(b) of the Trade Practices Act 1974?
  2. 2 Was the representation that the vehicle was 'new' false in the circumstances?

Ratio Decidendi

The defendant's act of representing a superseded model vehicle as 'new' contrary to s.53(b) of the Trade Practices Act 1974, though not deliberate, was a serious contravention requiring a substantial penalty for deterrence, especially in light of prior related contraventions and the need for accurate representations to consumers.

Court Disposition

Conviction and monetary penalty imposed

Orders

  • The defendant is convicted of a contravention of s.53(b) Trade Practices Act 1974 and fined $1,000.
  • The fine is to be paid to the District Registrar of the court within 21 days.